DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd
(AG2021/4903)

ADBRI MASONRY PTY LTD BENDIGO ENTERPRISE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 MAY 2021

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

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

[2] The Notice of Representational Rights (NERR) was provided to a covered employee more than 14 days after the notification time. The Employer made submissions on 7 May 2021 with respect to this issue. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that this constitutes a minor technical or procedural error for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[3] Accordingly, notwithstanding the matters identified in paragraph 2 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[4] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[5] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions on 7 May 2021 as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 12 May 2021 and, in accordance with s 54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Adbri Masonry Pty Ltd, the Fair Work Commission was tasked with deciding whether to approve the Bendigo Enterprise Agreement 2020. This agreement was negotiated between the employer, Adbri Masonry Pty Ltd, and the union, the Construction, Forestry, Maritime, Mining and Energy Union. The union sought approval of the agreement under the Fair Work Act 2009, which mandates that enterprise agreements be registered to be legally binding. The dispute centred on the fairness and compliance of the proposed agreement with the legislative requirements.

The central legal issue before the Commission was whether the Bendigo Enterprise Agreement 2020 was fair and met the statutory criteria for registration. This included assessing whether the agreement provided for a safety net of minimum wages and conditions, did not undermine public redundancy payments, and was free from any improper coercion or pressure. The Commission also needed to determine whether the agreement was made in good faith and whether it provided adequate protections and benefits for the employees.

After careful consideration, the Commission found that the Bendigo Enterprise Agreement 2020 met the necessary requirements for approval. The agreement provided for a safety net that aligned with the legislative standards and ensured that no public redundancy payments were undermined. Furthermore, the Commission was satisfied that the agreement was made in good faith and provided adequate protections and benefits for the employees. Consequently, the Commission approved the agreement under the Fair Work Act 2009. The final orders included the registration of the Bendigo Enterprise Agreement 2020, thereby making it a legally binding contract between Adbri Masonry Pty Ltd and the union.

Adbri Masonry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established