Baines Masonary Block Pty Ltd

[2022] FWCA 3002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baines Masonary Block Pty Ltd

(AG2022/3537)

Baines Masonry Enterprise Agreement (2022)

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 AUGUST 2022

Application for approval of the Baines Masonry Enterprise Agreement (2022)

An application has been made for approval of an enterprise agreement known as the Baines Masonry Enterprise Agreement (2022) (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baines Masonry Block Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Baines Masonry Enterprise Agreement (2022). The application was made under section 233 of the Fair Work Act 2009, as the applicant sought to have the agreement declared as a registered agreement. The dispute arose from negotiations between the employer and the employees' union, which resulted in the proposed enterprise agreement. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act and the Fair Work Regulations 2009.

The Fair Work Commission considered whether the agreement provided for fair and equitable terms and conditions of employment, and whether the process of reaching the agreement was conducted in good faith. The Commission examined various aspects of the agreement, including the rates of pay, hours of work, leave provisions, and dispute resolution mechanisms. The Commission also evaluated the fairness of the agreement in the context of the broader labour market and the specific circumstances of the industry. Ultimately, the Commission found that the agreement was fair and equitable and had been negotiated in good faith.

The Commission approved the Baines Masonry Enterprise Agreement (2022) as a registered agreement. The agreement will now provide the basis for the terms and conditions of employment for the employees covered by the agreement, and will remain in effect until the next scheduled expiry date. The decision serves as a reminder of the importance of ensuring that enterprise agreements meet the statutory requirements for approval, and highlights the role of the Commission in overseeing the process of enterprise bargaining in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established