DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Holdings Pty Ltd T/A Cement Australia
(AG2018/537)

CEMENT AUSTRALIA HOLDINGS PTY LTD RAILTON PLANT AND DEVONPORT TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2018

Application for approval of the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018.

[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 2018 (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 T/A Cement Australia. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

15 June 2018

Commissioner Lee

Fair Work Commission

Letter of Undertaking regarding AG2018/537 - Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018

Cement Australia Holdings (‘the Employer’) makes the following undertakings in regard to the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018 (“the Agreement”):

1. Please see the attached amended Signatory Page, now including the full name of each person who has signed the Agreement.

2. The Employer undertakes that in relation to shiftworkers that the Award definitions will apply to employees of the Agreement in addition to the definition in the Agreement at Clause 22.1

3. At clause 13 of the Agreement, the Employer undertakes that the Employer will apply the relevant notice provided for under the National Employment Standard in relation to Apprentices.

Yours sincerely

Kylie Reed

Human Resource Business Partner

CaseChat Overview and Summary

The case involved Cement Australia Holdings Pty Ltd, trading as Cement Australia, which sought approval for the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval. The Commission needed to consider various aspects of the agreement, including its coverage, the process through which it was made, and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions. The Commission needed to examine the process of negotiation to ensure that it complied with the Fair Work Act 2009, particularly with respect to good faith bargaining and the coverage of the agreement. Additionally, the Commission considered whether the agreement contained provisions that were fair and reasonable in all respects, including the terms and conditions of employment, and whether the agreement met the statutory requirements for approval.

The Commission found that the agreement had been genuinely negotiated in good faith and that it provided for fair and reasonable terms and conditions. It concluded that the agreement was made in accordance with the provisions of the Fair Work Act and that it met the statutory requirements for approval. The Commission also noted that the agreement contained provisions that were fair and reasonable in all respects, including the terms and conditions of employment. Therefore, the application for approval of the agreement was successful.

Accordingly, the Fair Work Commission approved the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018. The decision was made on the basis that the agreement was genuinely negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The Commission's approval was a significant step forward in ensuring that the agreement would be implemented and that the parties could move forward with their operations.

Cement Australia Holdings Pty Ltd T/A Cement Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established