DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2017/4200)

NATIONAL MASONRY DEER PARK ENTERPRISE AGREEMENT 2017-2020

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2017

Application for approval of the National Masonry Deer Park Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the National Masonry Deer Park Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. 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] 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union sought approval of the National Masonry Deer Park Enterprise Agreement 2017-2020. The union argued that the agreement contained necessary changes to address the evolving needs of the industry, particularly in relation to working conditions and remuneration. The Australian Building and Construction Commission, acting on behalf of employers, opposed the approval, contending that certain provisions in the agreement were overly restrictive and would negatively impact business operations.

The legal issues before the commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it appropriately balanced the interests of both employees and employers. The commission had to determine if the provisions were fair and reasonable, and whether they provided a safety net for employees while also allowing for flexibility in business operations.

After careful consideration of the submissions and evidence, the commission found that the agreement contained provisions that, while addressing legitimate concerns of the union, went beyond what was necessary to achieve a fair and reasonable outcome. The commission concluded that certain clauses were overly prescriptive and could unduly restrict the ability of employers to manage their businesses effectively. Consequently, the commission refused to approve the agreement in its current form, directing the parties to negotiate and amend specific provisions to better align with the statutory requirements. The union and employers were given a timeframe to revise the agreement and resubmit it for approval.

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