DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2017/1004)

CEMENT AUSTRALIA BULWER ISLAND ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 2 MAY 2017

Application for approval of the Cement Australia Bulwer Island Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Bulwer Island 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 2 May 2017 and, in accordance with s.54, will operate from 9 May 2017. The nominal expiry date of the Agreement is 31 December 2017.

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 Bulwer Island Enterprise Agreement 2017. The applicant sought to have the agreement approved in accordance with the Fair Work Act 2009. The application was made on the basis that the agreement contained terms and conditions of employment that were to apply to the employees of Cement Australia working at the Bulwer Island site. The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether it was a "better off overall test" agreement and whether it had been made in accordance with the appropriate process.

The Commission found that the agreement was a "better off overall test" agreement, as it provided for improved terms and conditions for the employees compared to the applicable awards. The Commission also determined that the agreement had been made in accordance with the appropriate process, including consultation with employee representatives. The Commission was satisfied that the agreement had been made in good faith and was not contrary to public policy. As a result, the Commission approved the Cement Australia Bulwer Island Enterprise Agreement 2017. The Commission's decision was based on a detailed analysis of the agreement and the evidence provided by the parties, and the Commission was satisfied that the agreement met the statutory requirements for approval.

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