Cement Australia Holdings Pty Ltd

[2014] FWCA 5533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Holdings Pty Ltd
(AG2014/1217)

CEMENT AUSTRALIA HOLDINGS PTY LTD RAILTON PLANT AND DEVONPORT TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2014

Application for approval of the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise 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 Cement Australia Holdings Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and will be appended to the Agreement.

[5] The Australian Workers’ Union, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[8] The Construction, Forestry, Mining and Energy Union, 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.

[9] The Agreement was approved on 19 August 2014 and, in accordance with s.54, will operate from 26 August 2014. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Cement Australia Holdings Pty Ltd recently sought approval from the Fair Work Commission for the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2014. The applicant argued that the enterprise agreement was in the best interests of the employees, and it should be approved. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), opposed the approval, arguing that it did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the enterprise agreement complied with the legislative provisions and if it was in the best interests of the employees. The court considered the provisions of the Fair Work Act 2009, the nature of the enterprise agreement, and the arguments presented by both parties.

The court considered the arguments presented by both parties and examined the provisions of the Fair Work Act 2009. The court found that the enterprise agreement met the requirements of the legislation and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other benefits. The court also noted that the agreement provided for a dispute resolution process and mechanisms for addressing issues that may arise during the operation of the agreement. The court found that the agreement was fair and reasonable and met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2014, finding that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court found that the agreement provided for fair and reasonable terms and conditions of employment and provided mechanisms for addressing any issues that may arise during the operation of the agreement. The court noted that the agreement was the result of good faith bargaining between the parties and reflected the needs of both employers and employees. The court concluded that the agreement was fair and reasonable and should be approved.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions. The court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment and provided mechanisms for addressing any issues that may arise during the operation of the agreement. The court found that the agreement was the result of good faith bargaining between the parties and reflected the needs of both employers and employees. The court concluded that the agreement was fair and reasonable and should be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established