Cement Australia Pty Limited

[2014] FWCA 6888

FAIR WORK COMMISSION

DECISION

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

Cement Australia Pty Limited
(AG2014/7243)

CEMENT AUSTRALIA - PRODUCT SUPPORT AND TECHNOLOGY AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2014

Application for approval of the Cement Australia - Product Support and Technology Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Cement Australia - Product Support and Technology 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 Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cement Australia Pty Limited applied for approval of the Cement Australia - Product Support and Technology Agreement 2014. The respondent, the Australian Workers Union, opposed the application. The Fair Work Commission was required to decide whether the agreement provided for the appropriate balance between the interests of employers and employees and whether it complied with the Fair Work Act 2009.

The Commission considered the nature of the agreement and the submissions of both parties. It found that the agreement contained provisions that were consistent with the objects of the Act and provided for a fair balance between the interests of employers and employees. The Commission noted that the agreement included provisions for consultation and dispute resolution, which were important for maintaining a harmonious workplace. The Commission also found that the agreement did not contain any provisions that were contrary to the objects of the Act or that would undermine the rights of employees.

In light of the above, the Commission approved the Cement Australia - Product Support and Technology Agreement 2014. The approval was subject to certain conditions, including a requirement that the agreement be reviewed and renewed every four years. The Commission noted that the agreement provided for a fair and reasonable balance between the interests of employers and employees and that it was consistent with the objects of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established