DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cement Australia Pty Limited
(AG2020/2201)

CEMENT AUSTRALIA - PRODUCT SUPPORT AND TECHNOLOGY AGREEMENT 2020.

Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 28 AUGUST 2020

Application for approval of the Cement Australia - Product Support and Technology Agreement 2020.

[1] Cement Australia Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the Cement Australia - Product Support and Technology Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (the AWU) and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from any of the bargaining representatives to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The 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) of the Act I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In this matter, Cement Australia Pty Limited applied to the Fair Work Commission for the approval of the Cement Australia - Product Support and Technology Agreement 2020. The application was brought under the Fair Work Act 2009, with the applicant seeking the agreement's registration as a registered organisation agreement. The application was made to address the terms of employment and workplace relations for employees within the organisation. The legal issues the court needed to consider involved whether the agreement met the statutory requirements for registration, including whether it provided for the proper management and administration of the workplace, and if it complied with the provisions of the Fair Work Act.

The court examined the agreement's provisions in detail, considering its alignment with the objectives of the Fair Work Act. It assessed whether the agreement provided for fair and equitable terms for employees, including provisions for remuneration, working conditions, and dispute resolution mechanisms. The court also evaluated whether the agreement adequately balanced the interests of the employer and employees, ensuring that it did not undermine the protections afforded by the Act. Ultimately, the court found that the agreement met the necessary criteria for approval. It was deemed to provide for the proper management and administration of the workplace, and complied with the statutory requirements for registration.

As a result, the Fair Work Commission approved the Cement Australia - Product Support and Technology Agreement 2020, registering it as a registered organisation agreement under the Fair Work Act. This decision ensures that the terms of employment and workplace relations for employees within Cement Australia Pty Limited are governed by the provisions of the approved agreement, providing a framework for fair and equitable workplace practices. The court's approval of the agreement is a significant step in maintaining a balanced and harmonious workplace, reflecting the legislative intent of the Fair Work Act.

Cement Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established