Application by Adbri Masonry Pty Ltd
Citation: [2026] FWCA 1629
What happened
Adbri Masonry Pty Ltd applied to the Fair Work Commission for approval of its North Queensland Enterprise Agreement 2025. The agreement is a single enterprise agreement covering employees. The Australian Manufacturing Workers’ Union (AMWU) notified the Commission it wished to be covered by the agreement. The Commission considered whether the agreement complied with the Fair Work Act 2009 and National Employment Standards.
What was decided
The Fair Work Commission approved the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2025, effective from July 1, 2026, expiring on June 23, 2029. The Commissioner noted some clauses were inconsistent with the National Employment Standards (NES) but found that the more beneficial NES entitlements would prevail. Certain terms relating to delegates’ rights will be overridden by the modern award. The Commission accepted undertakings from Adbri Masonry Pty Ltd and considered the views of bargaining representatives.
What it means for employers
Employers drafting enterprise agreements must ensure they are no less favourable than relevant awards, particularly regarding delegate's rights. They also need to consider potential inconsistencies with the National Employment Standards (NES) and provide for the more beneficial entitlements to apply where conflicts arise. Written undertakings can be used to address concerns.
What it means for employees
Employees covered by the agreement will benefit from the terms outlined in the Adbri Masonry Pty Ltd North Queensland Enterprise Agreement 2025, with the National Employment Standards (NES) prevailing where there are inconsistencies. The AMWU is now covered by this agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections