DECISION

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

Cement Australia Pty Limited
(AG2014/10354)

CEMENT AUSTRALIA PACKAGE PRODUCTS OPERATORS TOWNSVILLE ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2015

Application for approval of the Cement Australia Package Products Operators Townsville Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Package Products Operators Townsville Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 11 February 2015, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager Human Resources, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Cement Australia Pty Limited sought approval of the Cement Australia Package Products Operators Townsville Enterprise Agreement 2014. The applicant argued that the agreement was appropriate for the enterprise's needs and complied with the necessary requirements under the Fair Work Act 2009. The decision was contested by the Australian Council of Trade Unions, which raised concerns about the fairness and appropriateness of certain provisions within the agreement.

The legal issues before the court included whether the agreement was genuinely a bargain between the parties, if it contained the required minimum terms and conditions, and whether it was fair and reasonable for the purposes of the Fair Work Act. The court examined the evidence presented by both parties, including submissions on the bargaining process, the contents of the agreement, and its impact on the employees.

The Fair Work Commission found that the agreement was a genuine bargain between the parties and contained all the necessary minimum terms and conditions. The court concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the enterprise and its workforce. The court also noted that the agreement provided for appropriate protections for employees and did not unfairly disadvantage any party.

The Fair Work Commission approved the Cement Australia Package Products Operators Townsville Enterprise Agreement 2014, subject to the terms and conditions set out in the decision. The agreement will now apply to the relevant employees and employers in the enterprise, providing a framework for their working arrangements and entitlements.

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