DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Masonry Pty Ltd
(AG2021/4012)

NATIONAL MASONRY DEER PARK ENTERPRISE AGREEMENT 2020 - 2023

Cement and concrete products
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 MARCH 2021

Application for approval of the National Masonry Deer Park Enterprise Agreement 2020 - 2023.

[1] National Masonry Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the National Masonry Deer Park Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that clause 27(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 45 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 26 March 2021 and, in accordance with s 54, will operate from 2 April 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, National Masonry Pty Ltd applied for the approval of the National Masonry Deer Park Enterprise Agreement 2020 - 2023. The applicant, a building and construction company, sought to have the agreement made under the Fair Work Act 2009 approved as a registered enterprise agreement. The agreement was negotiated between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees.

The legal issues before the Commission involved whether the agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was genuinely negotiated and whether the prescribed process for approval was followed. Substantively, the Commission assessed whether the agreement met the minimum standards set out in the Act, including provisions on pay, hours of work, and other terms and conditions of employment.

The Commission found that the agreement was genuinely negotiated and that the prescribed approval process was followed. The agreement contained terms and conditions that met or exceeded the minimum standards under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees, including provisions on pay rates, allowances, and conditions of employment. The Commission also found that the agreement did not contain any terms that would be contrary to public policy or that would undermine the rights of employees.

Accordingly, the Fair Work Commission approved the National Masonry Deer Park Enterprise Agreement 2020 - 2023 as a registered enterprise agreement under the Fair Work Act. The agreement will now apply to the employees of the company for the period of three years from the date of registration.

National Masonry 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