Cement Australia Pty Limited

[2023] FWCA 3134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cement Australia Pty Limited

(AG2023/3320)

CEMENT AUSTRALIA PTY LIMITED TRANSPORT EMPLOYEES (CENTRAL & NORTH QUEENSLAND) ENTERPRISE AGREEMENT 2023

Cement and concrete products
DEPUTY PRESIDENT DEAN	CANBERRA, 27 SEPTEMBER 2023

Application for approval of the Cement Australia Pty Limited Transport Employees (Central & North Queensland) Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Limited Transport Employees (Central & North Queensland) Enterprise Agreement 2023 (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 (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 Transport Workers’ Union of Australia, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Limited recently appeared before the Fair Work Commission to seek approval of the Transport Employees (Central & North Queensland) Enterprise Agreement 2023. The application was brought pursuant to section 234 of the Fair Work Act 2009. The dispute centred around whether the proposed enterprise agreement met the requirements for approval, including the provision of adequate pay and conditions for employees within the specified regions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, including pay rates, classification, and other employment conditions, and whether it complied with the statutory requirements of the Fair Work Act. The Commission also had to consider whether the agreement provided for appropriate mechanisms for resolving disputes between the parties and whether it was consistent with the overarching principles of the Act, including the promotion of productive and harmonious workplace relations.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission determined that the proposed enterprise agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, included appropriate dispute resolution mechanisms, and complied with the statutory requirements of the Act. The Commission also found that the agreement was consistent with the overarching principles of the Act, including the promotion of productive and harmonious workplace relations. Accordingly, the Commission approved the Transport Employees (Central & North Queensland) Enterprise Agreement 2023, and it will now be in effect for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established