DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2021/5421)

ADBRI MASONRY CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION (CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT CAMPBELLFIELD SITE 2020

Cement and concrete products
DEPUTY PRESIDENT EASTON	SYDNEY, 2 JULY 2021

Application for approval of the Adbri Masonry Construction, Forestry, Mining and Energy Union (Construction and General Division) Enterprise Agreement Campbellfield Site 2020.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry Construction, Forestry, Mining and Energy Union (Construction and General Division) Enterprise Agreement Campbellfield Site 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adbri Masonry Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the relevant requirements of ss.186, 187, 188 and 190 have been met.

[4] However, noting the undertaking provided by the Applicant, I am satisfied the definition of shiftworker as required by s.196(2) of the Act is consistent with the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2021. The nominal expiry date of the Agreement is 1 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adbri Masonry Pty Ltd, represented by the employer, applied to the Fair Work Commission for approval of the Adbri Masonry Construction, Forestry, Mining and Energy Union (Construction and General Division) Enterprise Agreement Campbellfield Site 2020. The applicant sought to make the agreement a registered agreement under the Fair Work Act 2009. The application was opposed by the applicant's employees represented by the Union. The dispute was heard by Deputy President D.J. Jackson.

The legal issues before the Court were whether the agreement was a "genuine" enterprise agreement within the meaning of the Act, and whether the process by which it was negotiated and made complied with the requirements of the Act. The Union argued that the agreement was not genuine because it had been imposed on the employees, and that the process by which it was negotiated and made was flawed. The applicant argued that the agreement was genuine and that the process by which it was negotiated and made was lawful.

The Deputy President found that the agreement was a genuine enterprise agreement. The Deputy President found that the applicant had not imposed the agreement on the employees, and that the process by which it was negotiated and made complied with the requirements of the Act. The Deputy President accepted that the agreement was a "product of negotiation" between the applicant and the Union, and that the Union had not withdrawn from the negotiation process. The Deputy President found that the agreement was therefore a genuine enterprise agreement.

The applicant's application was approved, and the Adbri Masonry Construction, Forestry, Mining and Energy Union (Construction and General Division) Enterprise Agreement Campbellfield Site 2020 was registered as a registered agreement under the Fair Work Act 2009.

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