DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2021/5423)

ADBRI MASONRY MELBOURNE WORKSHOP ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 11 JUNE 2021

Application for approval of the Adbri Masonry Melbourne Workshop Enterprise Agreement 2020.

[1] Adbri Masonry Pty Ltd has applied for approval of an enterprise agreement known as the Adbri Masonry Melbourne Workshop Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2021. The nominal expiry date of the Agreement is 1 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Adbri Masonry Pty Ltd for the approval of the Adbri Masonry Melbourne Workshop Enterprise Agreement 2020. The application was made under section 232 of the Fair Work Act 2009, seeking the agreement to be directly registered and made binding upon the parties. The respondents to the application included several unions and employees who raised concerns regarding the proposed terms of the agreement.

The legal issues before the Commission were whether the proposed agreement met the statutory criteria for direct registration, including whether it provided for minimum rates of pay and conditions, whether it was free from prohibited content, and whether it had been negotiated in good faith. The unions argued that the agreement did not adequately protect employees' rights and that certain provisions were contrary to the public interest.

The Commission found that the proposed agreement satisfied the statutory requirements for direct registration. The agreement provided for minimum rates of pay and conditions that were not less favourable than the relevant award or certified agreement. The Commission also determined that the agreement did not contain any prohibited content and that it had been negotiated in good faith. The Commission rejected the unions' arguments and approved the application for the agreement to be directly registered.

The Fair Work Commission approved the application for the Adbri Masonry Melbourne Workshop Enterprise Agreement 2020 to be directly registered and made binding upon the parties. The agreement was registered on 24 February 2021 and will apply to employees of Adbri Masonry Pty Ltd at the Melbourne Workshop.

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