DECISION

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

Austral Masonry (NSW) Pty Ltd
(AG2014/8068)

AUSTRAL MASONRY PROSPECT ENTERPRISE AGREEMENT 2014 - 2017

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 12 DECEMBER 2014

Application for approval of the Austral Masonry Prospect Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Austral Masonry Prospect Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Austral Masonry (NSW) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met. I note that, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 5 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Austral Masonry (NSW) Pty Ltd, which sought approval of an enterprise agreement. The matter was heard in the Fair Work Commission. The primary dispute was whether the agreement complied with the necessary legal and procedural requirements to be formally approved.

The court was required to decide if the agreement met the standards set forth by the Fair Work Act 2009. This included examining whether the agreement was genuinely negotiated, if it provided for proper consultation and disclosure, and if it was fair and reasonable. The court also had to consider whether the agreement included appropriate dispute resolution mechanisms and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009.

The court found that the agreement was genuinely negotiated and included proper consultation and disclosure. It was determined that the agreement was fair and reasonable, providing adequate protections for employees. The dispute resolution mechanisms were also found to be appropriate and in line with the required standards. The court concluded that the agreement met all necessary legal and procedural requirements and approved it. The decision was based on the comprehensive review of the negotiation process, consultation efforts, and the terms of the agreement.

The final orders included the approval of the Austral Masonry Prospect Enterprise Agreement 2014-2017, subject to certain conditions that aimed to ensure ongoing compliance with the Fair Work Act 2009. The court's decision provided clarity on the procedural and substantive requirements for future enterprise agreements in similar contexts.

Austral Masonry (NSW) 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