DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North West Masonry Pty Limited
(AG2020/3501)

NORTH WEST MASONRY PTY LIMITED ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 DECEMBER 2020

Application for approval of the North West Masonry Pty Limited Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Application for approval of the North West Masonry Pty Limited Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by North West Masonry Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 7 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 11 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

North West Masonry Pty Limited applied to the Fair Work Commission for approval of the North West Masonry Pty Limited Enterprise Agreement 2020 - 2024. The application was made by the employer, and the Fair Work Commission was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements, particularly whether it facilitated, promoted, or improved the terms and conditions of employment.

The legal issues before the Fair Work Commission were whether the agreement provided for genuine agreement, covered the prescribed matters, and was free from prohibited content. The employer argued that the agreement was a genuine bargain, had been negotiated in good faith, and covered all required matters. The Commission had to assess these claims, considering the context of the agreement and the bargaining process. Additionally, the Commission had to ensure the agreement did not contain any content that was prohibited by the Fair Work Act.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements. The Commission noted that the agreement was the result of a good faith negotiation process and included all necessary matters as prescribed by the Act. The Commission was satisfied that there was no prohibited content within the agreement, and it facilitated, promoted, or improved the terms and conditions of employment. Based on these findings, the Fair Work Commission approved the application for the agreement.

The Fair Work Commission approved the North West Masonry Pty Limited Enterprise Agreement 2020 - 2024, confirming it met all the statutory requirements under the Fair Work Act. The Commission's decision was based on its finding that the agreement was genuinely negotiated, covered all required matters, and did not contain any prohibited content. This approval allowed the agreement to be registered and enforceable as per the Act.

North West Masonry Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established