DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2019/74)

CEMENT AUSTRALIA PTY LTD PACKAGED PRODUCTS OPERATORS GEELONG (VIC) ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 25 FEBRUARY 2019

Application for approval of the Cement Australia Pty Ltd Packaged Products Operators Geelong (Vic) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Ltd Packaged Products Operators Geelong (Vic) 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] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Cement Australia Pty Limited sought approval of an enterprise agreement from the Fair Work Commission. The agreement, titled the Cement Australia Pty Ltd Packaged Products Operators Geelong (Vic) Enterprise Agreement 2018, was proposed for approval under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, particularly whether it complied with the good faith bargaining requirement and whether it provided a safety net for employees.

The court was required to determine whether the enterprise agreement was genuinely negotiated and whether it provided for minimum wages and conditions for employees. Key issues included whether the agreement met the statutory requirements for approval and whether it adhered to the principles of good faith bargaining. The court also needed to assess whether the agreement included appropriate mechanisms for dispute resolution and whether it provided for fair and reasonable terms for the employees.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission noted that the agreement contained provisions for minimum wages and conditions, along with provisions for dispute resolution. The Commission concluded that the agreement provided a safety net for employees and adhered to the principles of good faith bargaining. Consequently, the Fair Work Commission approved the enterprise agreement, finding that it met all necessary criteria for approval under the Fair Work Act 2009.

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