DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Brighton Cement Ltd
(AG2017/2863)

MORGAN ASH VALES POINT UNION ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 15 AUGUST 2017

Application for approval of the Morgan Ash Vales Point Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Ash Vales Point Union Enterprise Agreement 2017 (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 Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2017. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Adelaide Brighton Cement Limited involved an application for the approval of the Morgan Ash Vales Point Union Enterprise Agreement 2017. The applicant, Adelaide Brighton Cement Limited, sought the court's endorsement of the agreement, which was reached between the company and the unions representing its employees at the Vales Point cement works. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The legal issues before the court revolved around whether the agreement was a "better off overall test" (BOOT) agreement, which must provide employees with at least the same benefits as those provided by the relevant industrial instrument or, if none, the national system of wages and conditions. Additionally, the court had to consider if the agreement was made in good faith and whether it was certified as a single interest employer agreement by a certified agreement certificator.

The Fair Work Commission found that the agreement met the BOOT requirement and was made in good faith. The court noted that the agreement provided employees with benefits that were at least equivalent to those under the relevant industrial instrument. Furthermore, the court confirmed that the agreement was certified as a single interest employer agreement. Based on these findings, the court approved the agreement.

In conclusion, the Fair Work Commission granted the application for approval of the Morgan Ash Vales Point Union Enterprise Agreement 2017, finding it to be a BOOT agreement made in good faith and certified as required. The court's decision allowed the agreement to proceed, providing a framework for the terms and conditions of employment for the workers at the Vales Point cement works.

Adelaide Brighton Cement Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established