DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2015/311)

CEMENT AUSTRALIA GLADSTONE UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 MARCH 2015

Application for approval of the Cement Australia Gladstone Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Gladstone Union Collective Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Cement Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 30 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cement Australia Pty Limited applied to the Fair Work Commission for approval of the Cement Australia Gladstone Union Collective Agreement 2014. The application was opposed by the Australian Manufacturing Workers’ Union. The Commission was required to determine whether the agreement satisfied the requirements of the Fair Work Act 2009 for it to be registered and made a lawful agreement. The Commission found that the agreement satisfied the requirements of the Fair Work Act 2009 and approved the agreement. The Commission found that the agreement met the requirements of the Act, and that it was not contrary to the public interest. The Commission considered that the agreement provided a fair and reasonable outcome for both parties and that it did not contain any terms that were detrimental to the employees.

The Fair Work Commission found that the agreement contained provisions that were consistent with the principles of the Fair Work Act 2009. The Commission considered that the agreement provided for a fair and reasonable outcome for both parties and that it did not contain any terms that were detrimental to the employees. The Commission also considered that the agreement was not contrary to the public interest. The Commission found that the agreement was in accordance with the principles of the Act and that it did not contain any terms that were contrary to the public interest. The Commission approved the agreement and made it a lawful agreement.

Cement Australia Pty Limited

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established