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Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd [2022] FWCA 1730 (26 May 2022)

Last Updated: 10 June 2022

Fair Work Act 2009

s.185—Enterprise agreement
Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd

(AG2022/1478)

ADBRI MASONRY NOWRA ENTERPRISE AGREEMENT 2021

Application for approval of the Adbri Masonry Nowra Enterprise Agreement 2021

[1] Adbri Masonry Pty Ltd T/A Adbri Masonry Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Adbri Masonry Nowra Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 19 May 2022.

[3] On 19 May 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• Chambers sought an amended agreement signature page that contained the postcode and state of the employee bargaining representative.
  
• Parties were notified that pursuant to clause 54(1) of the Act, the Agreement would commence 7 days following approval by the Fair Work Commission instead of the commence date contained at clause 1(d)(i) of the Agreement.
  
• Clause 5(g) relating to public holidays could be inconsistent with the National Employment Standards (NES) however the NES precedence clause contained at clause 1(f)ii is deemed sufficient to resolve this NES concern.
  

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

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