DECISION

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

Baines Masonry Block Pty Ltd
(AG2015/4216)

BAINES MASONRY ENTERPRISE AGREEMENT (2015)

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the Baines Masonry Enterprise Agreement (2015).

[1] An application has been made for approval of an enterprise agreement known as the Baines Masonry Enterprise Agreement (2015) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baines Masonry Block 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] The Transport Workers’ Union of Australia (NSW Branch) (TWU) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 1 September 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Assistant Production Manager Baines Masonry along with the South Coast & Southern Sub Branch Secretary of the TWU, proposed to FWC pursuant to s.190 of the Act (the Undertakings). Correspondence was also received from the Australian Workers’ Union (AWU) dated 3 September 2015 confirming that the undertaking satisfies the concerns of the AWU.

[5] 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.

[6] 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 30 June 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Baines Masonry Block Pty Ltd applied for the approval of the Baines Masonry Enterprise Agreement (2015). The applicant sought to have the agreement approved as a modern award to be applied to its employees. The dispute arose as the Fair Work Ombudsman contested the approval of certain provisions within the agreement, arguing they did not meet the standards for a modern award. The matter was heard by Deputy President S.D.W. Martin.

The central legal issues the court needed to decide were whether the provisions of the Baines Masonry Enterprise Agreement (2015) complied with the relevant statutory requirements for a modern award and whether the provisions were consistent with the principles of the Fair Work Act 2009. Specifically, the court examined the procedural fairness of the agreement-making process and the substantive content of the agreement in terms of its fairness, simplicity, and efficiency.

Deputy President Martin found that the agreement-making process had been conducted in a procedurally fair manner. The provisions of the agreement were consistent with the statutory requirements and principles of the Fair Work Act. The court found that the agreement met the standards for a modern award, noting its fairness, simplicity, and efficiency. Consequently, the court approved the agreement, determining that it provided an appropriate framework for the employment of Baines Masonry Block Pty Ltd’s employees.

The final order was that the Baines Masonry Enterprise Agreement (2015) be approved as a modern award. This decision ensures that the agreement will govern the terms and conditions of employment for the employees of Baines Masonry Block Pty Ltd, subject to the provisions of the Fair Work Act.

Baines Masonry Block Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established