Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd

[2022] FWCA 1730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd

(AG2022/1478)

Adbri Masonry Nowra Enterprise Agreement 2021

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 26 MAY 2022

Application for approval of the Adbri Masonry Nowra Enterprise Agreement 2021

Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Adbri Masonry Nowra Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 19 May 2022.

On 19 May 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

· Chambers sought an amended agreement signature page that contained the postcode and state of the employee bargaining representative.

· Parties were notified that pursuant to clause 54(1) of the Act, the Agreement would commence 7 days following approval by the Fair Work Commission instead of the commence date contained at clause 1(d)(i) of the Agreement.

· Clause 5(g) relating to public holidays could be inconsistent with the National Employment Standards (NES) however the NES precedence clause contained at clause 1(f)ii is deemed sufficient to resolve this NES concern.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd applied to the Fair Work Commission for approval of the Adbri Masonry Nowra Enterprise Agreement 2021. The respondents to the application were the Australian Building and Construction Employees and Builders Labourers Federation and the Construction, Forestry, Maritime, Mining and Energy Union. The application involved the approval of an enterprise agreement under the Fair Work Act 2009. The agreement related to the terms and conditions of employment for employees of Adbri Masonry Pty Ltd at the Nowra site.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any illegality or coercion. The Commission also examined whether the agreement was genuinely negotiated and whether it provided for genuine dispute resolution processes.

The Fair Work Commission found that the agreement was compliant with the relevant legislation and in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum rates of pay, penalties for overtime, allowances, and leave entitlements. The Commission also found that the agreement was genuinely negotiated and provided for genuine dispute resolution processes. The Commission concluded that the agreement was fair and reasonable and should be approved.

The Fair Work Commission approved the Adbri Masonry Nowra Enterprise Agreement 2021, with the approval taking effect from 1 July 2021. The Commission noted that the agreement provided for a fair and reasonable balance of rights and obligations for both employers and employees. The Commission also noted that the agreement provided for genuine dispute resolution processes, which would assist in resolving any disputes that may arise under the agreement. The approval of the agreement is an important step towards ensuring that employees of Adbri Masonry Pty Ltd at the Nowra site have access to fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established