Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd

[2022] FWCA 4052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd

(AG2022/4281)

Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 22 NOVEMBER 2022

Application for approval of the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2022 (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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adbri Masonry Pty Ltd, trading as Adbri Masonry Pty Ltd, applied to the Fair Work Commission for approval of the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2022. The dispute involved the terms and conditions of employment for workers under the proposed agreement, which sought to replace an existing enterprise agreement. The Commission, led by Deputy President D R Jackson, was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 for approval.

The primary legal issues revolved around whether the agreement was made in accordance with the procedural requirements outlined in the Fair Work Act and whether it contained provisions that were contrary to the public interest. The focus was on ensuring that the agreement was negotiated fairly and in good faith, and that it did not unfairly disadvantage employees. The court also examined whether the agreement provided for a safety net of minimum entitlements and did not adversely affect employees' rights to access the dispute resolution processes available under the Act.

The Fair Work Commission found that the agreement was made in compliance with the procedural requirements of the Act. It noted that the agreement was the product of good faith bargaining between the employer and the employees' representatives. The Commission determined that the agreement did not contain any provisions that were contrary to the public interest or that would unfairly disadvantage employees. Furthermore, the agreement provided for a safety net of minimum entitlements, ensuring that employees were not left without adequate protections. Consequently, the Commission approved the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2022.

The Fair Work Commission granted the application for approval of the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2022. This decision recognised the agreement as a legitimate and fair set of terms and conditions for the employees, effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established