Adelaide Brighton Cement Limited T/A Northern Cement Limited

[2022] FWCA 1464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adelaide Brighton Cement Limited T/A Northern Cement Limited

(AG2022/1168)

Northern Cement Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 MAY 2022

Application for approval of the Northern Cement Enterprise Agreement 2022

Adelaide Brighton Cement Limited T/A Northern Cement Limited has made an application for the approval of an enterprise agreement known as the Northern Cement Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 2 May 2022 and, in accordance with s 54, will operate from 9 May 2022. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Adelaide Brighton Cement Limited, trading as Northern Cement Limited, which applied for approval of the Northern Cement Enterprise Agreement 2022. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009. The primary dispute was whether the agreement sufficiently provided for the employees' terms and conditions of employment, including provisions for minimum wages, penalties for unlawful termination, and dispute resolution mechanisms.

The legal issues before the court centred on whether the agreement provided for fair and reasonable terms and conditions, and whether it met the criteria for approval as set out in the Fair Work Act. This included ensuring the agreement provided for minimum entitlements, did not undermine the existing safety net of entitlements, and included effective dispute resolution processes. Additionally, the court needed to consider whether the agreement had been made in good faith and whether it was free from any improper influences or coercion.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary criteria. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, penalties for unlawful termination, and a dispute resolution process. The Commission was satisfied that the agreement had been made in good faith and was free from any improper influences or coercion. Consequently, the Commission approved the Northern Cement Enterprise Agreement 2022.

The Fair Work Commission approved the agreement, subject to certain conditions and clarifications to ensure compliance with the Fair Work Act. The Commission highlighted the importance of the agreement's provisions on minimum entitlements and effective dispute resolution, confirming their alignment with the statutory requirements. The decision underscored the importance of agreements being made in good faith and without any improper influences, which was evident in this case. The approval of the agreement allows it to be registered with the Fair Work Commission, providing certainty and stability for the employees and the employer going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established