Austral Masonry (NSW) Pty Ltd T/A Austral Masonry NSW Summary

[2018] FWCA 3478

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Austral Masonry (NSW) Pty Ltd T/A Austral Masonry NSW

(AG2018/964)

Austral Masonry Prospect Enterprise Agreement 2018

Cement and concrete products
Commissioner Wilson	MELBOURNE, 14 JUNE 2018

Application for approval of the Austral Masonry Prospect Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Austral Masonry Prospect Enterprise Agreement 2018 (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 T/A Austral Masonry NSW. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austral Masonry (NSW) Pty Ltd T/A Austral Masonry NSW sought approval of the Austral Masonry Prospect Enterprise Agreement 2018. The applicant was the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU) was the relevant union. The Fair Work Commission was asked to determine whether the agreement should be approved under section 232 of the Fair Work Act 2009. The CFMMU did not oppose the application, but submitted that the agreement should not be approved without modifications.

The central issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. The agreement contained provisions that were not consistent with the Act, including provisions that did not meet the requirements for good faith bargaining or that did not provide adequate protections for employees. The Commission considered whether any modifications to the agreement could be made to bring it into compliance with the Act.

The Commission held that the agreement did not meet the requirements for approval as it contained provisions that did not meet the requirements for good faith bargaining or that did not provide adequate protections for employees. However, the Commission was satisfied that the issues could be resolved by modifying the agreement. The Commission made orders modifying the agreement to bring it into compliance with the Act, and approved the modified agreement. The modifications included changes to the dispute resolution provisions, the hours of work provisions, and the provisions relating to the classification of employees.

Austral Masonry (NSW) Pty Ltd T/A Austral Masonry NSW

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established