DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2018/7434)

CEMENT AUSTRALIA PTY LTD (PACKAGED PRODUCTS) CLYDE NSW ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 31 JANUARY 2019

Application for approval of the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Ltd (Packaged Products) Clyde NSW 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, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Limited recently faced scrutiny in the Fair Work Commission as the company sought approval for the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2018. The application was contested by a party asserting that the agreement failed to meet certain legal standards and that its approval could adversely affect employees' rights and protections. The Commission was tasked with examining the specifics of the agreement and determining whether it complied with the necessary legal and procedural requirements.

The key legal issues before the Commission included whether the agreement adequately provided for the employees' rights, whether the agreement was made in good faith, and if the necessary consultation processes were followed. Additionally, the Commission had to consider whether the agreement met the threshold criteria for approval under the Fair Work Act 2009. The applicant needed to demonstrate that the agreement did not adversely affect the employees and that it was in the best interests of the employees and the company.

In delivering its decision, the Commission carefully reviewed the provisions of the agreement and the evidence provided by both parties. The Commission found that the agreement largely met the necessary criteria for approval, including that it provided for fair and reasonable terms for the employees, was made in good faith, and followed the required consultation processes. The Commission also determined that the agreement did not adversely affect the employees and was in their best interests. Consequently, the Commission approved the agreement, affirming its compliance with the legal requirements and its suitability for implementation.

The final orders of the Commission included the approval of the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2018, with the agreement to be registered and effective as of the date of the decision. The approval was contingent upon the continued adherence to the terms and conditions outlined in the agreement, ensuring that it remains beneficial to both the employees and the company.

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