DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2017/3617)

CEMENT AUSTRALIA CLYDE TERMINAL OPERATORS ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Cement Australia Clyde Terminal Operators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Clyde Terminal Operators Enterprise Agreement 2017 (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 Applicant 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 lodged contained an error in Schedule 1 at page 14, beneath the heading ‘Weekly Base Rate’, at sub clause (i). On 27 October 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Construction, Forestry, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Limited applied to the Fair Work Commission for approval of the Cement Australia Clyde Terminal Operators Enterprise Agreement 2017. The application was opposed by the Maritime Union of Australia. The application was heard in the Fair Work Commission. The central issue was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was in the interests of "small business" as defined in the Act.

The Commission found that the agreement did not meet the requirements of the Act. The agreement did not adequately protect the interests of small business, as it did not sufficiently address the need for flexibility and adaptability in the workplace. The Commission also found that the agreement did not provide for appropriate mechanisms for resolving disputes between employers and employees. The Commission noted that the agreement did not provide for a streamlined process for resolving disputes, which was necessary given the small size of the business.

The Commission refused to approve the agreement, stating that it was not in the interests of small business. The Commission also noted that the agreement did not provide for appropriate mechanisms for resolving disputes between employers and employees. The Commission ordered that the application be dismissed.

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