DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Brighton Cement Ltd T/A Adelaide Brighton Cement
(AG2020/354)

NORTHERN CEMENT (DARWIN) ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER PLATT	ADELAIDE, 5 MARCH 2020

Application for approval of the Northern Cement (Darwin) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Northern Cement (Darwin) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adelaide Brighton Cement Ltd T/A Adelaide Brighton Cement (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 February 2020.

[3] On 26 February 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 5 March 2020. The undertaking deals with the following topics:

• The default superannuation fund is the Adelaide Brighton Group Superannuation Fund which is part of the Mercer Super Trust and is a My Super product.

• In relation to clause 3.2D any deduction for a failure to provide notice will only be in respect of notice not provided and will not exceed one week.

• Clause 5.2 (Public Holidays) will not operate in a manner inconsistent with s.114 of the Act.

• Clause 5.3C (Long Service Leave) will not operate in respect of employees subject to the Long Service Leave Act 1981 (NT).

• Clause 5.4C (Personal Leave) will not operate in a manner inconsistent with the National Employment Standards.

• In relation to Attachment B, the Applicant will not engage persons in the classification Dayshift Production Operator.

• Clause 3.1 (Settlement of Disputes) also applies to any matter arising under the Agreement.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 January 2022.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, Adelaide Brighton Cement Ltd, trading as Adelaide Brighton Cement, applied to the Fair Work Commission for approval of the Northern Cement (Darwin) Enterprise Agreement 2019. The application was brought before the Commission as it needed to determine whether the agreement complied with the relevant legislative requirements and whether it met the criteria for approval under the Fair Work Act 2009. The dispute primarily centred on the fairness and validity of the proposed terms and conditions outlined in the agreement.

The key legal issues before the Commission were whether the agreement had been made in good faith, if it provided for the protection of employees' rights and interests, and whether it complied with the statutory prerequisites for enterprise agreements. The Commission also needed to assess whether the agreement met the requirements for covering employees who were not party to the negotiation process, and whether it provided adequate mechanisms for resolving disputes. Furthermore, the Commission considered whether the agreement was consistent with the public interest and did not undermine the operation of the industrial relations system.

In reaching its decision, the Commission examined the bargaining process, the content of the agreement, and its implications for both the employer and the employees. The Commission found that the agreement had been negotiated in good faith, and that it provided for the protection of employees' rights and interests. The terms and conditions were deemed to be fair and reasonable, taking into account the unique circumstances of the Darwin cement industry. The Commission also determined that the agreement was consistent with the public interest and did not undermine the operation of the industrial relations system.

Ultimately, the Commission approved the Northern Cement (Darwin) Enterprise Agreement 2019, finding that it met all the statutory requirements for approval under the Fair Work Act 2009. The decision was made in the interest of ensuring a fair and balanced agreement that would benefit both the employer and the employees, while maintaining the integrity of the industrial relations system. The approval of the agreement will now facilitate the implementation of the agreed terms and conditions for the employees covered by the enterprise agreement.

Adelaide Brighton Cement Ltd T/A Adelaide Brighton Cement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established