Adbri Masonry Pty Ltd T/A Adbri Masonry

[2018] FWCA 1025

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Adbri Masonry Pty Ltd T/A Adbri Masonry

(AG2017/6740)

Adbri Masonry Construction, Forestry, Mining and Energy Union (Construction and General Division) Enterprise Agreement Cambellfield Site 2017

Manufacturing and associated industries
Commissioner Gregory	MELBOURNE, 22 FEBRUARY 2018

Application for approval of the Adbri Masonry Construction, Forestry, Mining and Energy Union (Construction and General Division) Enterprise Agreement Cambellfield Site 2017.

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 Cambellfield Site 2017 (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.

The Applicant 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.

Subject to the undertakings referred to above, 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.

The Construction, Forestry, Mining and Energy 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2018. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Adbri Masonry Pty Ltd T/A Adbri Masonry, the Fair Work Commission was tasked with assessing the application for approval of the Adbri Masonry Construction, Forestry, Mining and Energy Union (Construction and General Division) Enterprise Agreement Cambellfield Site 2017. The application was brought by the employer, Adbri Masonry, with the union representing the employees, the Construction, Forestry, Mining and Energy Union. The central issue before the Commission was whether the proposed enterprise agreement met the necessary statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around the compliance of the proposed enterprise agreement with the statutory requirements outlined in the Fair Work Act. The Commission needed to determine whether the agreement provided for a fair and efficient system of classification and pay rates, and if it adequately addressed matters such as minimum rates of pay, penalty rates, leave entitlements, and dispute resolution processes. Furthermore, the Commission had to consider whether the agreement was made in good faith and whether it provided for appropriate mechanisms to ensure its ongoing fairness.

After thorough examination, the Fair Work Commission found that the proposed enterprise agreement complied with all the necessary statutory requirements. The agreement was deemed to provide for a fair and efficient classification and pay rate system, and adequately addressed minimum rates of pay, penalty rates, leave entitlements, and dispute resolution processes. The Commission was satisfied that the agreement was made in good faith and contained appropriate mechanisms to ensure its ongoing fairness. As such, the application for approval was granted.

In light of the findings, the Fair Work Commission approved the Adbri Masonry Construction, Forestry, Mining and Energy Union (Construction and General Division) Enterprise Agreement Cambellfield Site 2017, effective from the date of the decision. The agreement is now legally binding on the parties, and will govern the employment conditions of the employees at the Cambellfield Site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established