Austral Masonry (Qld) Pty Ltd T/A Austral Masonry Queensland Summary

[2022] FWCA 4130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austral Masonry (Qld) Pty Ltd T/A Austral Masonry Queensland

(AG2022/4576)

Austral Masonry Yatala Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 25 NOVEMBER 2022

Application for approval of the Austral Masonry Yatala Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Austral Masonry Yatala Enterprise Agreement 2022 (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 T/A Austral Masonry Queensland (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Austral Masonry (Qld) Pty Ltd, trading as Austral Masonry Queensland, to the Fair Work Commission for the approval of the Austral Masonry Yatala Enterprise Agreement 2022. The dispute centred on the application's compliance with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory criteria for registration and approval.

The primary legal issues before the Commission were whether the agreement provided for the pay and conditions of employees, including any terms relating to wages, hours of work, leave, and other employment-related matters. Additionally, the Commission had to ascertain whether the agreement contained appropriate mechanisms for dispute resolution and if it complied with the procedural requirements outlined in the Fair Work Act. The employer argued that the agreement was fair and reasonable, while the employees' representative contended that certain provisions did not align with the statutory standards.

The Commission examined the agreement in detail, considering the provisions on wages, hours of work, and leave, among other things. It found that the agreement provided for the terms and conditions of employment comprehensively and in a manner that was fair and reasonable. The Commission determined that the agreement complied with all relevant provisions of the Fair Work Act and that the procedural requirements for approval had been met. Consequently, the Commission approved the agreement, recognising it as a registered enterprise agreement under the Act.

As a result of the Commission's decision, the Austral Masonry Yatala Enterprise Agreement 2022 was approved and registered. This means that the agreement will now govern the employment terms and conditions of the employees covered by the agreement, subject to the provisions of the Fair Work Act.

Austral Masonry (Qld) Pty Ltd T/A Austral Masonry Queensland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established