Austral Masonry (Qld) Pty Ltd

[2014] FWCA 259

FAIR WORK COMMISSION

DECISION

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

Austral Masonry (Qld) Pty Ltd
(AG2013/10114)

AUSTRAL MASONRY YATALA ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 9 JANUARY 2014

Application for approval of the Austral Masonry Yatala Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Austral Masonry Yatala Enterprise Agreement 2013 (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 (QLD) 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.

[3] Fair Work Commission received correspondence dated 9 January 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resource Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 9 January 2016.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Austral Masonry (Qld) Pty Ltd, sought approval of the Austral Masonry Yatala Enterprise Agreement 2013. The applicant argued that the agreement provided for fair and reasonable terms and conditions for its employees. The Fair Work Commission heard the matter. The main legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it was certified by an independent certifier as meeting the requirements of the Act.

The Commission examined the evidence and submissions from both parties. The applicant provided evidence to demonstrate that the agreement was negotiated in good faith and that it provided for fair and reasonable terms and conditions for its employees. The Commission noted that the agreement included provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment. The Commission also considered the submissions of the Australian Building and Construction Commission, which had concerns about certain provisions of the agreement. However, after careful consideration of all the evidence and submissions, the Commission was satisfied that the agreement met the criteria for approval under the Act. The Commission approved the agreement and made an order to that effect.

The Commission's decision was based on a detailed analysis of the evidence and submissions before it. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it met the requirements of the Act. The Commission also noted that the agreement had been certified by an independent certifier as meeting the requirements of the Act. The Commission's order approving the agreement is binding on all parties and provides certainty and stability 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