DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Things Masonry Bricklaying Blocklaying Pty Ltd
(AG2016/7112)

ALL THINGS MASONRY BRICKLAYING BLOCKLAYING PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 JANUARY 2017

Application for approval of the All Things Masonry Bricklaying Blocklaying Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the All Things Masonry Bricklaying Blocklaying Pty Ltd Enterprise Agreement 2016 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Things Masonry Bricklaying Blocklaying Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 12 January 2017 and, in accordance with s.54, will operate from 19 January 2017. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Things Masonry Bricklaying Blocklaying Pty Ltd was the subject of an application for the approval of an enterprise agreement, the All Things Masonry Bricklaying Blocklaying Pty Ltd Enterprise Agreement 2016-2020. The application was made to the Fair Work Commission by the Australian Building and Construction Commission. The nature of the dispute was the terms and conditions of employment under the proposed enterprise agreement, which involved workers in the bricklaying and blocklaying industry in New South Wales.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement provided for a fair and efficient bargaining process, whether it included appropriate dispute resolution mechanisms, and whether it met the 'better off overall test' by ensuring that employees were not disadvantaged by the agreement. The court also needed to consider whether the agreement complied with the 'good faith' requirement of the Act.

The Fair Work Commission found that the proposed enterprise agreement met the necessary requirements under the Fair Work Act. The Commission considered the agreement to be the product of good faith bargaining and determined that it was fair and efficient. It found that the agreement provided for appropriate dispute resolution mechanisms and met the 'better off overall test'. The Commission approved the All Things Masonry Bricklaying Blocklaying Pty Ltd Enterprise Agreement 2016-2020, setting it as a benchmark for future agreements in the industry.

The final orders of the Commission were that the All Things Masonry Bricklaying Blocklaying Pty Ltd Enterprise Agreement 2016-2020 was approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration until 31 December 2020, or until terminated in accordance with its provisions. The Commission's approval of the agreement provided certainty and stability for both employers and employees in the bricklaying and blocklaying industry in New South Wales.

All Things Masonry Bricklaying Blocklaying 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