DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simon Masonry (NSW) Pty Ltd t/a Simon Masonry
(AG2016/938)

SIMON MASONRY (NSW) PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 MAY 2016

Application for approval of the Simon Masonry (NSW) Pty Ltd Enterprise Agreement 2016 -2020.

[1] An application has been made for approval of an enterprise agreement known as the Simon Masonry (NSW) Pty Ltd Enterprise Agreement 2016 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Simon Masonry (NSW) Pty Ltd t/a Simon Masonry. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 12 May 2016 and, in accordance with s.54, will operate from 19 May 2016. The nominal expiry date of the Agreement is 12 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simon Masonry (NSW) Pty Ltd, trading as Simon Masonry, applied for the approval of the Simon Masonry (NSW) Pty Ltd Enterprise Agreement 2016-2020, which was entered into with the Operative Masons and Bricklayers Society of NSW. The case was heard in the Federal Circuit Court of Australia. The dispute centred around whether the agreement complied with the relevant legislative requirements and if it was fair and reasonable for the purposes of the Fair Work Act 2009.

The primary legal issues the court had to decide were whether the agreement was made in good faith, free from coercion and whether it provided for the proper classification of employees. Additionally, the court had to assess if the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act 2009. The court examined the negotiation process and the content of the agreement to ensure it met the statutory criteria.

In its decision, the court found that the agreement was made in good faith and without coercion. The agreement was deemed to provide for the proper classification of employees, and it contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The court concluded that the agreement was fair and reasonable for the purposes of the Act. Consequently, the court approved the agreement.

No further orders were made beyond the approval of the enterprise agreement. The agreement will now govern the employment terms and conditions between Simon Masonry (NSW) Pty Ltd and the Operative Masons and Bricklayers Society of NSW for the period 2016-2020.

Simon Masonry (NSW) Pty Ltd t/a Simon Masonry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established