DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2020/2174)

CEMENT AUSTRALIA CLYDE TERMINAL OPERATORS ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 7 AUGUST 2020

Application for approval of the Cement Australia Clyde Terminal Operators Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Clyde Terminal Operators Enterprise Agreement 2020 (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 Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Cement Australia Pty Limited, sought approval of the Cement Australia Clyde Terminal Operators Enterprise Agreement 2020. The respondents were the Transport Workers Union of Australia and various employees of the applicant. The primary dispute centred around the procedural fairness of the bargaining process leading to the agreement and whether the agreement was in the best interests of the employees.

The legal issues before the court involved whether the bargaining process was conducted fairly and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the applicant had fulfilled their obligations to bargain in good faith and if the agreement was fair and reasonable in all its terms.

The court examined the evidence presented by both parties regarding the bargaining process. It found that the applicant had engaged in good faith bargaining and that the agreement reflected the outcomes of that process. The court also assessed the agreement's terms, considering factors such as pay rates, working conditions, and other employment-related matters. After careful consideration, the court concluded that the agreement was fair and reasonable and in the best interests of the employees. The court approved the agreement, finding it to be compliant with the statutory requirements.

The final orders of the court were that the Cement Australia Clyde Terminal Operators Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009. This decision provides certainty to both the employer and employees regarding their employment terms and conditions moving forward.

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