DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Brighton Cement Ltd T/A Morgan Ash
(AG2019/1677)

MORGAN ASH VALES POINT UNION ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 11 JUNE 2019

Application for approval of the Morgan Ash Vales Point Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Ash Vales Point Union Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Adelaide Brighton Cement Ltd T/A Morgan Ash. The Agreement is a single enterprise agreement.

[2] The Employer 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 (AWU) 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 18 June 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Adelaide Brighton Cement Limited, trading as Morgan Ash, sought approval of the Morgan Ash Vales Point Union Enterprise Agreement 2019. The dispute arose from the negotiation process between the company and the union, leading to a disagreement over the terms of the agreement. The Commission was required to determine whether the agreement complied with the relevant legislative framework and if it was fair and reasonable.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval. This included ensuring the agreement was made in good faith, provided for a proper enterprise, and was not contrary to public policy. Additionally, the Commission needed to assess whether the agreement was fair and reasonable, taking into account any relevant factors such as the economic circumstances of the parties and the broader labour market.

The Commission found that the agreement was made in good faith and did not contravene any statutory provisions. It concluded that the agreement was fair and reasonable, considering the economic context and the negotiation process. The Commission highlighted that the agreement addressed key issues of concern to both parties and provided a balanced outcome. As a result, the Commission approved the Morgan Ash Vales Point Union Enterprise Agreement 2019.

The Commission ordered that the Morgan Ash Vales Point Union Enterprise Agreement 2019 be approved and registered, effective from the date of the decision. The agreement would now serve as the binding terms of employment for the relevant employees within the enterprise.

Adelaide Brighton Cement Ltd T/A Morgan Ash

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established