Masters Masonry Pty Ltd T/A The Trustee for Masters of Masonry Trust

[2023] FWCA 242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Masters Masonry Pty Ltd T/A The Trustee for Masters of Masonry Trust

(AG2022/5308)

MASTERS OF MASONRY PTY LTD ENTERPRISE AGREEMENT 2022 - 2026

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 23 JANUARY 2023

Application for approval of the Masters of Masonry Pty Ltd Enterprise Agreement 2022 - 2026

Masters Masonry Pty Ltd T/A The Trustee for Masters of Masonry Trust (the Applicant) has made an application for the approval of an enterprise agreement known as the Masters of Masonry Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 23 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Masters Masonry Pty Ltd, trading as The Trustee for Masters of Masonry Trust, applied to the Fair Work Commission for the approval of the Masters of Masonry Pty Ltd Enterprise Agreement 2022 - 2026. The application was made under the Fair Work Act 2009, which provides for the registration of enterprise agreements. The dispute centred around whether the proposed agreement complied with the legal requirements for an enterprise agreement and whether it met the provisions of the Fair Work Act.

The court had to determine whether the agreement complied with the mandatory requirements set out in the Fair Work Act, including whether it covered all relevant employees, provided minimum terms and conditions, and was in writing. The court also needed to assess if the agreement contained any provisions that were contrary to public policy or that breached any statutory provisions. Furthermore, the court examined whether the agreement had been fairly negotiated and if the process followed adhered to the relevant legal standards.

After reviewing the application and considering the submissions made by both parties, the Fair Work Commission determined that the proposed agreement did comply with the necessary legal requirements. The court found that the agreement covered all relevant employees, provided the minimum terms and conditions as required by the Fair Work Act, and was in writing. The court also found that the agreement did not contain any provisions that were contrary to public policy or statutory provisions. The negotiation process was deemed to be fair and in line with the relevant legal standards. Consequently, the Fair Work Commission approved the agreement, and it was registered under the Fair Work Act.

The Fair Work Commission's decision to approve the Masters of Masonry Pty Ltd Enterprise Agreement 2022 - 2026 ensures that the agreement will be legally binding between the employer and the employees covered by the agreement. The registration of the agreement under the Fair Work Act provides certainty and stability for both the employer and employees, as it sets out the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established