Adbri Pty Ltd T/A Adbri Pty Ltd Summary

[2022] FWCA 3573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adbri Pty Ltd T/A Adbri Pty Ltd

(AG2022/4066)

Adbri Masonry Pty Ltd and Australian Worker’s Union of Employees Stapylton Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 13 OCTOBER 2022

Application for approval of the Adbri Masonry Pty Ltd and Australian Worker’s Union of Employees Stapylton Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd and Australian Worker’s Union of Employees Stapylton 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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Australian Workers’ Union (AWU) 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 AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 20 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adbri Pty Ltd, trading as Adbri Masonry Pty Ltd, applied to the Fair Work Commission for approval of the Adbri Masonry Pty Ltd and Australian Workers’ Union of Employees Stapylton Enterprise Agreement 2022. The application was opposed by the Australian Workers’ Union of Employees. The nature of the dispute was the application for the approval of a proposed enterprise agreement, which if approved would cover employees of Adbri Masonry Pty Ltd.

The key legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it was in the best interests of the employees it covered and whether it contained the required provisions. The Commission also had to determine whether the agreement was made in accordance with the requirements of section 228 of the Act.

The Commission found that the agreement contained all the required provisions and was made in accordance with the Act. The Commission also found that the agreement was in the best interests of the employees it covered. The Commission approved the agreement, finding that it met all the requirements of section 230 of the Act. The Commission noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions. The Commission was satisfied that the agreement was fair and reasonable and that it would promote harmonious, productive and cooperative workplace relations.

The Commission approved the Adbri Masonry Pty Ltd and Australian Workers’ Union of Employees Stapylton Enterprise Agreement 2022. The agreement will now be registered with the Fair Work Commission and will come into effect on the date specified in the agreement.

Adbri Pty Ltd T/A Adbri Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established