DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cement Australia Pty Limited
(AG2016/1534)

CEMENT AUSTRALIA PTY LTD (PACKAGED PRODUCTS) CLYDE NSW ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 16 AUGUST 2016

Application for approval of the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2016.

[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 2016 (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 is approved and, in accordance with s.54 of the Act, will operate from 23 August 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves Cement Australia Pty Limited and several of its employees. The dispute arose from the application for approval of the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2016. The Fair Work Commission was the court that heard the case. The primary legal issue before the Commission was whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. This included determining if the agreement provided for fair and reasonable terms and conditions for the employees and if it adhered to the legislative provisions governing enterprise agreements.

The Commission examined the provisions of the proposed agreement, focusing on whether it complied with the mandatory requirements set out in the Fair Work Act. These requirements include provisions for minimum rates of pay, leave entitlements, and other essential terms and conditions. The Commission also considered the process by which the agreement was negotiated and whether it involved genuine and meaningful consultation between the parties. The Commission paid particular attention to the method of employee representation and the fairness of the agreement's terms, ensuring that the employees' interests were adequately protected.

In its decision, the Commission concluded that the agreement was fair and reasonable and met all the statutory requirements for approval. The Commission found that the negotiation process was genuine and that the agreement provided for fair terms and conditions. The Commission also noted that the agreement included provisions that addressed the employees' key concerns and provided adequate protection for their rights. Consequently, the Fair Work Commission approved the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2016.

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