DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2019/245)

CEMENT AUSTRALIA TOWNSVILLE TERMINAL OPERATORS ENTERPRISE AGREEMENT 2018

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2019

Application for approval of the Cement Australia Townsville Terminal Operators Enterprise Agreement 2018.

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

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 19 March 2019 and, in accordance with s.54, will operate from 26 March 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Limited sought approval of the Cement Australia Townsville Terminal Operators Enterprise Agreement 2018 from the Fair Work Commission. The dispute arose from the nature of the agreement, which was intended to replace the existing enterprise agreement. The application was made under the Fair Work Act 2009. The legal issues before the court included whether the agreement met the requirements of the Act, including the good faith bargaining provisions, and whether it provided for a safety net of minimum wages and conditions.

The court considered the evidence and submissions from both parties, as well as relevant case law. The Fair Work Commission found that the agreement was made in good faith and that it provided for a safety net of minimum wages and conditions. The court noted that the agreement had been negotiated between the parties over a period of time and that it contained provisions for dispute resolution and the protection of employees' rights. The court was satisfied that the agreement was fair and reasonable, and that it met the requirements of the Act.

The Fair Work Commission approved the Cement Australia Townsville Terminal Operators Enterprise Agreement 2018. The agreement was registered with the Fair Work Commission, and became legally binding on the parties. The court noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it met the requirements of the Act. The court also noted that the agreement contained provisions for ongoing consultation and negotiation between the parties, which would ensure that it remained fair and reasonable in the future.

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