DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2015/5219)

CEMENT AUSTRALIA PTY LTD PACKAGED PRODUCTS OPERATORS GEELONG (VIC) ENTERPRISE AGREEMENT 2015

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 OCTOBER 2015

Application for approval of the Cement Australia Pty Ltd Packaged Products Operators Geelong (Vic) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Ltd Packaged Products Operators Geelong (Vic) Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cement Australia Pty Limited sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute arose between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission.

The central issue before the Commission was whether the enterprise agreement met the criteria for approval under the Act. Specifically, the Commission had to determine if the agreement contained all the mandated terms and conditions, if it was free from prohibited content, and if it was made in good faith and without coercion.

The Commission found that the agreement contained all the required terms and conditions and was free from prohibited content. It was also satisfied that the agreement was made in good faith and without coercion. The Commission noted the efforts made by both parties to negotiate in a fair and transparent manner, and concluded that the agreement was in the best interests of the employees.

The Fair Work Commission approved the enterprise agreement, which will now be binding on the parties. The approval ensures that the terms and conditions of employment are fair and reasonable, and provides a framework for the ongoing relationship between Cement Australia and its employees.

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