DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2021/6049)

ADBRI MASONRY PTY LTD BENDIGO ENTERPRISE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2021

Application for variation of the Adbri Masonry Pty Ltd Bendigo Enterprise Agreement 2020.

[1] An application has been made for approval of a variation to the Adbri Masonry Pty Ltd Bendigo Enterprise Agreement 2020 (the Agreement). The application was made by Adbri Masonry Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 28 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the employer, Adbri Masonry Pty Ltd, seeking variation of the Bendigo Enterprise Agreement 2020, which governs the employment terms and conditions of their workers. The application was heard by the Fair Work Commission (FWC). The workers, represented by their union, opposed the application, arguing that the proposed changes would negatively impact their wages and working conditions.

The legal issues before the FWC centred on whether the proposed variations were consistent with the principles of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and the avoidance of undue detriment. The employer argued that the changes were necessary to remain competitive and viable in the market, while the union contended that the proposed changes would lead to a reduction in wages and benefits for the workers.

The FWC examined the evidence presented by both parties and considered the broader economic context and the impact of the proposed changes on the workers. The FWC concluded that the proposed variations did not result in undue detriment to the workers and were necessary to address the employer's financial challenges. The FWC found that the changes were reasonable and in line with the principles of the Act, and therefore granted the application for variation of the enterprise agreement.

As a result of the decision, the Bendigo Enterprise Agreement 2020 was varied in accordance with the terms proposed by the employer. The changes were implemented, affecting the wages and conditions of the workers as specified in the amended agreement.

Adbri Masonry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established