Adelaide Brighton Cement Limited

[2018] FWCA 1281

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Brighton Cement Limited

(AG2017/5382)

Adelaide Brighton Cement Angaston Special Products Enterprise Agreement 2016

Cement and concrete products
Commissioner Lee	MELBOURNE, 2 MARCH 2018

Application for approval of the Adelaide Brighton Cement Angaston Special Products Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Adelaide Brighton Cement Angaston Special Products Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Brighton Cement Limited. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 23 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Adelaide Brighton Cement Limited, the Fair Work Commission was presented with an application for the approval of the Adelaide Brighton Cement Angaston Special Products Enterprise Agreement 2016. The application was lodged by the employer, Adelaide Brighton Cement Limited, and the union involved, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), did not oppose the application. The dispute centred on the terms and conditions of employment for certain employees under the proposed agreement.

The key legal issues before the Commission included whether the proposed agreement provided for wages and conditions that met the requirements of the Fair Work Act 2009, specifically under sections 235 and 236. The Commission also needed to determine if the agreement complied with the Fair Work (Registered Organisations) Act 2009, and whether the process by which the agreement was made was fair. The Commission considered the submissions and evidence provided by the parties, including the nature of the special circumstances that warranted a special purpose agreement.

The Commission found that the proposed agreement was appropriate given the special circumstances of the Angaston Special Products Division. It noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the process by which the agreement was made was fair and appropriate. The Commission approved the agreement, finding that it met all statutory requirements. The decision highlights the importance of considering the specific needs and circumstances of a workplace when determining the appropriateness of an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established