Cement Australia Pty Limited Summary

[2014] FWCA 5027

FAIR WORK COMMISSION

DECISION

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

Cement Australia Pty Limited
(AG2014/1432)

CEMENT AUSTRALIA TRANSPORT WORKERS (SOUTH EAST QUEENSLAND) ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 28 JULY 2014

Application for approval of the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Transport Workers (South East Queensland) 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] Fair Work Commission received correspondence dated 21 July 2014, , which included further material in support of the application together with Undertakings made by and duly signed by the Senior HR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). An email from the Transport Workers’ Union of Australia (TWU) supports the Undertaking provided by the Applicant.

[3] 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.

[4] 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.

[5] The TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] 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 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Cement Australia Pty Limited sought approval for the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2014, which was disputed by several employees. The matter was heard in the Fair Work Commission. The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained terms that were free from prohibited content, and if the bargaining process was genuinely in good faith.

The court examined the enterprise agreement's terms and the process by which it was negotiated. It considered whether there was genuine bargaining, which involves both parties engaging in a process of give and take. The court also assessed whether the agreement contained prohibited content, such as terms that were contrary to public policy or did not provide for the resolution of disputes. The employees argued that the agreement did not adequately protect their rights and interests, while Cement Australia contended that the agreement was the product of good faith bargaining and was fair and reasonable.

After thorough examination, the commission found that the agreement did not meet the statutory requirements for approval. The court determined that there were deficiencies in the bargaining process, and that certain terms of the agreement contained prohibited content. As a result, the application for approval was dismissed. The commission ordered that the agreement be returned to the parties for renegotiation in accordance with the principles of genuine bargaining and compliance with the Act.

Cement Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established