DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2015/409)

ADBRI MASONRY PTY LTD BENDIGO ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 17 MARCH 2015

Application for approval of the Adbri Masonry Pty Ltd Bendigo Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Adbri Masonry Pty Ltd Bendigo Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Australian Workers’ Union (AWU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the AWU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 24 March 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) filed an application for the approval of the Adbri Masonry Pty Ltd Bendigo Enterprise Agreement 2014. The application was heard in the Fair Work Commission (FWC). The primary dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009. The AWU argued that the agreement was fair and reasonable, while Adbri Masonry contested several provisions, claiming they were unreasonable and not in line with industry standards.

The legal issues before the FWC involved determining whether the agreement complied with the provisions of the Fair Work Act and whether it was fair and reasonable. The FWC examined the coverage of the agreement, the bargaining process, and specific terms of the agreement. The AWU contended that the agreement was the result of genuine collective bargaining, while Adbri Masonry challenged the fairness of specific terms and the process by which the agreement was reached.

The FWC concluded that the agreement was largely compliant with the Fair Work Act and represented genuine collective bargaining. The FWC found that while some provisions were contentious, they did not render the entire agreement unreasonable. The FWC acknowledged the need for the agreement to reflect the economic realities of the industry while ensuring the rights and interests of employees were adequately protected. The FWC approved the agreement subject to minor modifications to address specific concerns raised by Adbri Masonry.

The FWC ordered the minor modifications to the agreement and directed that the agreement be registered and enforceable. The decision affirmed the importance of collective bargaining and the need for agreements to balance the interests of employers and employees.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established