DECISION

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

Stone Mason Pty Ltd T/A Stonemason
(AG2019/562)

STONE MASON PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 13 JUNE 2019

Application for approval of the Stone Mason Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Stone Mason Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stone Mason Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement lodged with the application contained an error on the signature page. On 29 May 2019, the Application filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] I note that the employer has indicated that it does not engage any apprentices and indicates that any future need for apprentices would be met by apprentices from an apprentice group training organisation who would not be covered by the Agreement in any event. Further, I note that the employer indicated it does not engage any shiftworker employees. The Agreement is approved on that basis.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 20 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Stone Mason Pty Ltd, trading as Stonemason, applied to the Fair Work Commission for the approval of the Enterprise Agreement 2019. The application was brought before the Commission's Deputy President, who was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement contained all the necessary provisions as mandated by the Act and whether it adhered to the principles of procedural fairness and good faith bargaining.

The primary legal issues addressed by the court involved the comprehensiveness of the Enterprise Agreement, including its provisions on remuneration, conditions of employment, dispute resolution, and procedural fairness. The court had to assess if the agreement met the statutory criteria for approval, particularly in relation to the mandatory terms and conditions set out in the Act. Additionally, the court needed to determine whether the agreement was genuinely the product of genuine, good-faith bargaining between the employer and the employees.

The Deputy President found that the Enterprise Agreement 2019 was comprehensive and included all necessary provisions as required by the Fair Work Act 2009. The court noted that the agreement had been developed through a process that adhered to the principles of procedural fairness and good-faith bargaining. Consequently, the Deputy President approved the Enterprise Agreement 2019, confirming its compliance with the statutory requirements and the principles of the Act. The court's decision was grounded in the evidence presented, which demonstrated the agreement's validity and the integrity of the bargaining process.

The final order of the court was to approve the Enterprise Agreement 2019, thereby allowing it to be registered and enforced. The agreement was recognised as a legitimate and binding contract between Stone Mason Pty Ltd and the employees, providing a framework for their employment terms and conditions.

Stone Mason Pty Ltd T/A Stonemason

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established