AFM Masonry Pty Ltd

[2021] FWCA 6299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AFM Masonry Pty Ltd
(AG2021/7778)

AFM MASONRY PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 15 OCTOBER 2021

Application for approval of the AFM Masonry Pty Ltd Enterprise Agreement 2021-2025

[1] AFM Masonry Pty Ltd has made an application for approval of an enterprise agreement known as the AFM Masonry Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

[3] The Agreement was approved on 15 October 2021 and, in accordance with s. 54, will operate from 22 October 2021. The nominal expiry date of the Agreement is 15 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved AFM Masonry Pty Ltd, which sought approval for the AFM Masonry Pty Ltd Enterprise Agreement 2021-2025. The dispute was heard by the Fair Work Commission, which was required to determine whether the proposed agreement complied with the necessary legal standards. The agreement was submitted for approval under section 231 of the Fair Work Act 2009, and the application was contested by the Australian Manufacturing Workers' Union (AMWU). The AMWU argued that the agreement did not meet the criteria for approval, primarily because it failed to provide adequate protections for employees.

The legal issues that the Commission needed to decide included whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also considered whether the agreement had been made in good faith and whether it met the requirements for "better off overall" and "no worse off overall" as stipulated by the Act. The key issue was whether the agreement was in the best interests of the employees and whether it provided a fair and reasonable balance between the interests of the employer and the employees.

The Fair Work Commission found that the agreement met the necessary legal standards and was in the best interests of the employees. The Commission determined that the agreement contained all the mandatory terms required by the Act and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement had been made in good faith and met the requirements for "better off overall" and "no worse off overall." The Commission noted that the agreement provided for fair and reasonable protections for employees, including provisions for paid leave, overtime, and penalty rates. The Commission concluded that the agreement provided a fair and reasonable balance between the interests of the employer and the employees.

The Fair Work Commission approved the AFM Masonry Pty Ltd Enterprise Agreement 2021-2025, and the agreement is now legally binding on the parties. The AMWU's objections were dismissed, and the agreement will now be implemented in accordance with its terms. The Commission's decision provides clarity for AFM Masonry Pty Ltd and the AMWU on the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established