Cement Australia Pty Limited Summary

[2014] FWCA 4746

FAIR WORK COMMISSION

DECISION

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

Cement Australia Pty Limited
(AG2014/1559)

CEMENT AUSTRALIA PACKAGE PRODUCTS OPERATORS COOPERS PLAINS ENTERPRISE AGREEMENT 2014

Cement and concrete products
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Package Products Operators Coopers Plains 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 the Cement Australia Pty Limited. The agreement is a single-enterprise agreement.

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

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2014. The nominal expiry date of the Agreement is 30 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

14 July 2014

Senior Deputy President Watson

GPO Box 1994

MELBOURNE VIC 3001

Dear SDP Watson

Undertaking for Cement Australia Package Products Operators Coopers Plains

Enterprise Agreement 2014 (AG2014/1559)

This undertaking is made by Cement Australia Pty Limited in regards to the Cement Australia

Package Products Operators Coopers Plains Enterprise Agreement 2014 (“the Agreement”).

The Agreement is to be read in conjunction with the Award to ensure that the Award provisions apply to:

i.	Part time employment
ii.	Casual employment
iii.	Termination of employment
iv.	Redundancy
v.	Hours of work
vi.	Saturday and Sunday shifts
Yours sincerely	vii.	Meal break

Luke Cruwys

Human Resources Manager

CaseChat Overview and Summary

In the case of Cement Australia Pty Limited, the Fair Work Commission (FWC) was presented with an application for the approval of the Cement Australia Package Products Operators Coopers Plains Enterprise Agreement 2014. The application was made by Cement Australia Pty Limited, the employer, and opposed by the Australian Manufacturing Workers' Union (AMWU), representing the employees. The central issue at hand was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding the provisions for the employees' working conditions, remuneration, and other employment terms.

The legal issues the FWC was required to address included whether the agreement provided for fair and reasonable terms and conditions, whether it was consistent with the national minimum standards, and whether it adhered to the procedural requirements outlined in the Fair Work Act. Additionally, the FWC considered the need for the agreement to reflect the principles of the enterprise bargaining system, including the notion of "better off overall" for the employees.

In its decision, the FWC determined that the proposed agreement was largely in compliance with the relevant statutory requirements. The FWC acknowledged that while some provisions did not meet the "better off overall" test, the overall terms of the agreement were fair and reasonable. The FWC noted the efforts made by the parties to reach an agreement and the overall benefits for the employees in terms of wages and conditions. The FWC approved the agreement, subject to certain conditions, including the requirement for the parties to continue negotiations on outstanding issues within a specified timeframe.

The final orders of the FWC included the approval of the Cement Australia Package Products Operators Coopers Plains Enterprise Agreement 2014, with specific conditions aimed at ensuring that the agreement ultimately provided a better outcome for the employees. The FWC also directed the parties to continue their efforts in good faith to resolve any remaining issues.

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