Adelaide Brighton Cement Limited T/A Morgan Ash

[2022] FWCA 1273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Brighton Cement Limited T/A Morgan Ash

(AG2022/947)

Morgan Ash Vales Point Union Enterprise Agreement 2022

Cement and concrete products
COMMISSIONER MCKINNON	SYDNEY, 12 APRIL 2022

Application for the approval of Morgan Ash Vales Point Union Enterprise Agreement 2022.

Adelaide Brighton Cement Limited T/A Morgan Ash has applied for approval of a single enterprise agreement known as the Morgan Ash Vales Point Union Enterprise Agreement 2022 (the Agreement).

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.

The Agreement is approved and will operate from 19 April 2022. The nominal expiry date of the Agreement is 28 February 2026.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adelaide Brighton Cement Limited, trading as Morgan Ash, recently appeared before the Fair Work Commission to seek approval for the Morgan Ash Vales Point Union Enterprise Agreement 2022. The application for approval was made under section 233 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the employees covered by the agreement, specifically those relating to wages, hours of work, and other employment conditions.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether the process by which the agreement was negotiated and agreed upon was fair and in accordance with the Act. Key considerations included whether the agreement provided for the minimum entitlements as set out in the National Employment Standards, whether it complied with the good faith bargaining provisions, and whether it was free from any unfair content.

In its decision, the Commission carefully examined the provisions of the agreement and the process by which it was negotiated. The Commission found that the agreement provided for all the minimum entitlements and met the requirements for good faith bargaining. It also concluded that the agreement was free from any unfair content and was therefore eligible for approval. The Commission approved the Morgan Ash Vales Point Union Enterprise Agreement 2022, stating that it met all the necessary legal standards.

This decision provides clarity for employers and employees in relation to the requirements for enterprise agreements and the approval process under the Fair Work Act. It reinforces the importance of ensuring that agreements are negotiated in good faith and provide for all minimum entitlements. The outcome provides a useful reference for future negotiations and agreements in similar contexts.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established