DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Brighton Cement Ltd
(AG2017/404)

ADELAIDE BRIGHTON CEMENT LTD ACCOLADE II/MUA ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 MARCH 2017

Application for approval of the Adelaide Brighton Cement Ltd Accolade II/MUA Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Brighton Cement Ltd Accolade II/MUA 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Maritime Union of Australia, 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 was approved on 31 March 2017 and, in accordance with s.54, will operate from 7 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adelaide Brighton Cement Ltd sought approval of the Accolade II/MUA Enterprise Agreement 2016, which had been negotiated between the company and the Maritime Union of Australia (MUA). The application was heard by the Fair Work Commission, which needed to determine whether the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement had been negotiated in good faith, whether it included the necessary provisions, and whether it complied with any relevant minimum standards. The Commission also needed to consider whether the agreement was fair and reasonable in all its aspects.

The Commission found that the agreement had been negotiated in good faith and contained all the necessary provisions, including those related to minimum standards. It also found that the agreement was fair and reasonable in all its aspects. The Commission noted that while some of the provisions in the agreement were more favourable to the employees than the corresponding provisions in the relevant industrial instrument, these provisions were not so favourable as to be unreasonable. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties, and it approved the agreement accordingly.

The Fair Work Commission approved the Accolade II/MUA Enterprise Agreement 2016, subject to certain conditions and modifications. The agreement was to be registered and would come into effect on the first day of the third month after the registration. The Commission also ordered that certain provisions of the agreement be modified to ensure compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act.

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