DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AFM Masonry Pty Ltd
(AG2017/2077)

AFM MASONRY PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 AUGUST 2017

Application for approval of the AFM Masonry Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the AFM Masonry Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AFM Masonry Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 16 August 2017 and, in accordance with s.54, will operate from 23 August 2017. The nominal expiry date of the Agreement is 16 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, AFM Masonry Pty Ltd applied for the approval of the AFM Masonry Pty Ltd Enterprise Agreement 2017-2021. The dispute involved the terms and conditions of employment for employees within the company, including wage rates, hours of work, and other employment-related matters. The company sought the endorsement of this agreement to ensure its enforceability under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, including ensuring that it met the "better off overall test" and did not unfairly discriminate against any class of employees. The Commission had to consider whether the proposed terms and conditions provided a safety net that was no worse than the applicable awards or registered agreements and whether the agreement facilitated genuine bargaining between the parties. Additionally, the Commission assessed whether the agreement contained any provisions that could be considered contrary to public policy.

In reaching its decision, the Commission evaluated the submissions and evidence presented by both parties. It determined that the agreement did not breach the "better off overall test" and contained provisions that were not contrary to public policy. The Commission found that the agreement provided a reasonable framework for the employment relationship, ensuring that employees were no worse off and that the agreement facilitated genuine bargaining. Consequently, the Commission approved the AFM Masonry Pty Ltd Enterprise Agreement 2017-2021, endorsing its enforceability under the Fair Work Act.

AFM Masonry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established