DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Cement Limited T/A Boral Cement; Australian Workers’ Union, The
(AG2016/6351)

BORAL CEMENT LIMITED WAURN PONDS ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the Boral Cement Limited Waurn Ponds Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Limited Waurn Ponds 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 Boral Cement Limited T/As Boral Cement. 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 and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want 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 3 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Boral Cement Limited T/A Boral Cement; Australian Workers’ Union, the applicant, Boral Cement, sought approval of the Enterprise Agreement from the Fair Work Commission. The agreement, titled the Boral Cement Limited Waurn Ponds Enterprise Agreement 2016, was intended to govern the terms and conditions of employment for certain employees at the Waurn Ponds cement works in Geelong, Victoria. The Australian Workers’ Union, representing the employees, contested the application on various grounds.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it had been made in good faith and without coercion. The union argued that the agreement did not adequately address several issues, including pay equity, the classification of workers, and the terms of redundancy and dismissal. They also claimed that the agreement had been made under duress and that it contained provisions that were not in the best interests of the employees.

In considering the application, the court examined the process through which the agreement was formed, the content of the agreement itself, and the arguments presented by both parties. The court found that the agreement had been made in good faith and that it contained provisions that were fair and reasonable. The union's claims of coercion and inadequacies in the agreement were dismissed. The court determined that the agreement met the necessary requirements under the Fair Work Act and approved the application.

The Fair Work Commission granted the application for approval of the Boral Cement Limited Waurn Ponds Enterprise Agreement 2016, which now governs the terms and conditions of employment for the relevant employees. The union's objections were overruled, and the agreement was approved as meeting the statutory requirements and being made in good faith.

Boral Cement Limited T/A Boral Cement; Australian Workers’ Union, The

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established