Austral Masonry (Qld) Pty Ltd Trading AS Austral Masonry Summary

[2025] FWCA 3386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Austral Masonry (Qld) Pty Ltd Trading AS Austral Masonry

(AG2025/3153)

AUSTRAL MASONRY QUEENSLAND TRANSPORT ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER SIMPSON	BRISBANE, 8 OCTOBER 2025

Application for approval of the Austral Masonry Queensland Transport Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Austral Masonry Queensland Transport Enterprise Agreement 2025 (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 Trading AS Austral Masonry (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 ss.186, 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.

Noting clause 3.3(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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 applicant, Austral Masonry (Qld) Pty Ltd trading as Austral Masonry, filed an application with the Fair Work Commission to approve the proposed Austral Masonry Queensland Transport Enterprise Agreement 2025. The agreement was intended to govern the employment terms and conditions of employees in the transport industry within Queensland. The application sought the commission's approval under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission before they can be registered and become legally enforceable.

The primary legal issue before the commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it contained appropriate mechanisms for resolving workplace disputes, and whether it complied with minimum pay rates and other relevant conditions set out in the National Employment Standards. Additionally, the commission needed to determine if the agreement adequately represented the interests of both employers and employees, ensuring that it did not disadvantage any party unfairly.

In considering these issues, the commission examined the submissions and evidence provided by both the applicant and other interested parties. The commission found that the agreement had been negotiated in good faith and contained appropriate dispute resolution mechanisms. Furthermore, it was confirmed that the agreement did not disadvantage employees in terms of their pay and conditions, and it complied with the minimum standards set out in the National Employment Standards. The commission was satisfied that the agreement represented the interests of both employers and employees fairly and that it did not contain any provisions that would be detrimental to the parties involved.

The Fair Work Commission approved the proposed agreement, finding that it met all the necessary statutory requirements for approval. The agreement was subsequently registered, and it became legally binding on the parties involved. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith, provide adequate dispute resolution mechanisms, and comply with relevant statutory conditions to secure their approval and enforceability.

Austral Masonry (Qld) Pty Ltd Trading AS Austral Masonry

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established