Application by Adbri Masonry Pty Ltd Trading AS Adbri Masonry
Citation: [2026] FWCA 2165
What happened
Adbri Masonry Pty Ltd, trading as Adbri Masonry, applied for approval of the 'Adbri Masonry Pty Ltd Tasmania Enterprise Agreement Ulverston and Hobart Sites 2026'. The agreement covers employees at their Ulverston and Hobart sites in Tasmania. Several clauses were found to be inconsistent with the National Employment Standards (NES). the Applicant provided written undertakings which were reviewed.
What was decided
The Fair Work Commission approved the Adbri Masonry Pty Ltd Tasmania Enterprise Agreement. the Commissioner noted inconsistencies between some agreement clauses and the NES, but ensured the more beneficial entitlements of the NES would prevail due to a precedence clause in the agreement. The commission also considered undertakings from the Applicant and workplace delegate rights as per the Manufacturing and Associated Industries and Occupations Award 2020. The agreement will operate for one year, expiring on June 30, 2027.
What it means for employers
Employers should ensure enterprise agreements align with the National Employment Standards (NES). A precedence clause is important to guarantee employee entitlements are not diminished. Providing undertakings can address concerns and facilitate approval of an agreement.
What it means for employees
Employees covered by this agreement will receive at least the same benefits as those provided under the National Employment Standards, even if some clauses in the enterprise agreement appear less favourable. The agreement is in effect from a date seven days after its approval.
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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 →