Adelaide Brighton Cement Ltd

[2014] FWCA 5025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Adelaide Brighton Cement Ltd
(AG2014/1666)

MORGAN ASH VALES POINT UNION COLLECTIVE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 28 JULY 2014

Application for approval of the Morgan Ash Vales Point Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Ash Vales Point Union Collective Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union Newcastle, Central Coast & Northern Regions Branch (AWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from the first full pay period to commence on or after the seventh day after the issuing of this decision. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Adelaide Brighton Cement Ltd, applied for approval of the Morgan Ash Vales Point Union Collective Agreement 2014. The respondents were the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Manufacturing Workers' Union. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the good faith bargaining provisions, was free from prohibited content, and was consistent with the national employment standards and safety net.

The Commission found that the agreement did not meet the good faith bargaining requirements, as it failed to address key issues raised by the applicants. Additionally, the Commission identified that the agreement contained provisions that were inconsistent with the national employment standards. The Commission also determined that the agreement was not free from prohibited content, as it included terms that were not in line with the Fair Work Act. Given these findings, the Commission concluded that the agreement did not meet the necessary criteria for approval.

As a result of these determinations, the Commission did not grant approval for the Morgan Ash Vales Point Union Collective Agreement 2014. The application was dismissed, and the agreement remains unapproved. The Commission's decision highlights the importance of ensuring that collective agreements are negotiated in good faith and comply with all relevant legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established