DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd T/A Adbri Masonry
(AG2018/5263)

ADBRI MASONRY (MOOREBANK) ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER BISSETT	MELBOURNE, 18 JANUARY 2019

Application for approval of the Adbri Masonry (Moorebank) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry (Moorebank) Enterprise Agreement 2018 (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 T/A Adbri Masonry. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Adbri Masonry Pty Ltd trading as Adbri Masonry, the Fair Work Commission was asked to approve the Adbri Masonry (Moorebank) Enterprise Agreement 2018. The application for approval came from the employer, which sought to implement the agreement as a certified agreement under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions outlined in the proposed enterprise agreement, which was intended to cover the employees of Adbri Masonry at the Moorebank site.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under section 232 of the Fair Work Act. This required an examination of whether the agreement provided for minimum entitlements, dealt with the matters specified in section 232(2) of the Act, and was consistent with the Fair Work (Registered Organisations) Act 2009. The Commission had to ensure that the agreement did not result in employees being worse off overall and that it complied with the relevant legislative framework.

The Commission deliberated on the provisions of the proposed agreement, considering the balance between the interests of the employer and the employees. It assessed whether the agreement appropriately dealt with matters such as wages, hours of work, leave, and other employment conditions. The Commission found that the agreement met the statutory requirements and did not result in employees being worse off overall. Consequently, the Commission approved the Adbri Masonry (Moorebank) Enterprise Agreement 2018 as a certified agreement, effective from the date of the decision. The approval allows the agreement to bind all employees covered by it, subject to the terms and conditions set out in the agreement.

Adbri Masonry Pty Ltd T/A Adbri Masonry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established