Cement Australia Holdings Pty Ltd

[2025] FWCA 2564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cement Australia Holdings Pty Ltd

(AG2025/2168)

CEMENT AUSTRALIA HOLDINGS PTY LTD RAILTON PLANT AND DEVONPORT TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER P RYAN	SYDNEY, 1 AUGUST 2025

Application for approval of the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2025

Cement Australia Holdings Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 14.2 and 24 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU, the AWU, and the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 8 August 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

In this case, Cement Australia Holdings Pty Ltd applied to the Fair Work Commission for the approval of the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2025. The agreement was entered into by the employer and various unions representing employees. The application was contested by one of the unions, the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that the proposed agreement did not provide adequate protections for employees, particularly in relation to working conditions and redundancy entitlements.

The Fair Work Commission considered whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission also considered the implications of the agreement on the employees' rights and protections, as well as the potential impact on the employer's business operations. After hearing submissions from both parties and reviewing the evidence, the Fair Work Commission found that the agreement met the necessary criteria for approval.

The Fair Work Commission determined that the agreement provided for fair and reasonable terms and conditions, and was made in good faith. The Commission found that the agreement provided adequate protections for employees, and did not undermine their rights and entitlements. The Commission also considered the potential impact of the agreement on the employer's business operations, and found that it was not likely to have a significant adverse effect on the employer's ability to operate its business. As a result, the Fair Work Commission approved the agreement, subject to certain conditions and modifications to address the union's concerns.

The Fair Work Commission's decision provides guidance on the requirements for approving enterprise agreements under the Fair Work Act 2009. The decision highlights the importance of ensuring that agreements provide for fair and reasonable terms and conditions, and are made in good faith. The decision also underscores the need for employers and unions to engage in meaningful negotiations to reach agreements that balance the interests of both parties, while protecting the rights and entitlements of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established