DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2017/3413)

CEMENT AUSTRALIA PACKAGE PRODUCTS OPERATORS TOWNSVILLE ENTERPRISE AGREEMENT 2017

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 OCTOBER 2017

Application for approval of the Cement Australia Package Products Operators Townsville Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Package Products Operators Townsville 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 31 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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 Package Products Operators Townsville Enterprise Agreement 2017. The applicant sought to have the agreement approved as a modern award. The dispute arose from the negotiation process of the agreement between the applicant and the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that the negotiation process was unfair and that the agreement should not be approved.

The Fair Work Commission considered whether the negotiation process was fair and whether the agreement should be approved as a modern award. The Commission found that the negotiation process was fair, and the agreement was approved as a modern award. The Commission found that the negotiation process was conducted in good faith, and the parties had engaged in meaningful consultation. The Commission also found that the agreement contained provisions that were consistent with the principles of the Fair Work Act.

The Fair Work Commission approved the Cement Australia Package Products Operators Townsville Enterprise Agreement 2017 as a modern award. The Commission found that the negotiation process was fair and that the agreement contained provisions consistent with the principles of the Fair Work Act. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission made an order approving the Cement Australia Package Products Operators Townsville Enterprise Agreement 2017 as a modern award. The order was effective from the date of the decision and applied to the employees covered by the agreement. The union's objections to the negotiation process and the agreement were 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