DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adbri Masonry Pty Ltd T/A Adbri Masonry
(AG2018/6714)

ADBRI MASONRY PTY LTD NORTH QUEENSLAND ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2019

Application for approval of the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd North Queensland 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure

CaseChat Overview and Summary

In the matter of Adbri Masonry Pty Ltd, trading as Adbri Masonry, the Fair Work Commission was called upon to approve the North Queensland Enterprise Agreement 2018. The dispute arose under the Fair Work Act 2009, specifically section 231, which mandates the Commission to consider applications for the approval of an enterprise agreement. The application was brought by the employer, Adbri Masonry, seeking formal recognition and enforcement of the terms and conditions set forth in the proposed agreement. The Fair Work Commission was tasked with ensuring that the agreement complied with all relevant legal standards and did not adversely affect the employees' rights and entitlements.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, particularly in terms of genuine bargaining, coverage, and the provisions regarding pay and conditions. The Commission had to assess if the agreement was genuinely negotiated between the employer and the employees' representative, and if it contained all the mandated minimum terms and conditions as stipulated by the Act. Additionally, the Commission examined whether the agreement unfairly disadvantaged any of the employees and if it provided adequate provisions for dispute resolution.

The Commission found that the agreement was genuinely negotiated and complied with all statutory requirements. It was confirmed that the agreement was made between the employer and a certified organisation representing the employees. The Commission also determined that the agreement contained all the mandated minimum terms and conditions, ensuring that the employees' entitlements and rights were protected. The Commission concluded that the agreement did not unfairly disadvantage any employees and included appropriate provisions for dispute resolution. Consequently, the Fair Work Commission approved the application and the North Queensland Enterprise Agreement 2018 was formally recognised and enforceable.

In approving the agreement, the Fair Work Commission made orders that the North Queensland Enterprise Agreement 2018 would be approved and registered under the Fair Work Act 2009. This decision provides clarity and legal enforceability to the terms agreed upon by the parties, ensuring that the employees' rights and the employer's obligations are upheld within the framework of the Fair Work Act.

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