Cement Australia Pty Limited Summary

[2013] FWCA 8693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2013/9896)

CEMENT AUSTRALIA PTY LIMITED TRANSPORT EMPLOYEES (NSW) ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 5 NOVEMBER 2013

Application for approval of the Cement Australia Pty Limited Transport Employees (NSW) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Limited Transport Employees (NSW) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cement Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application for the approval of the Cement Australia Pty Limited Transport Employees (NSW) Enterprise Agreement 2013. The applicant, Cement Australia Pty Limited, sought approval of the agreement from the Fair Work Commission, which was then subject to judicial review by the Federal Court of Australia. The dispute centred around the terms of the enterprise agreement, specifically the provisions relating to the classification and remuneration of employees.

The primary legal issue before the court was whether the Fair Work Commission had exercised its powers correctly in approving the enterprise agreement, given the evidence presented regarding the classification of employees and their remuneration. The applicant argued that the Commission had made errors in its determination, which led to an unfair classification and remuneration of the employees. The respondent, the Fair Work Commission, contended that its decision was lawful and based on the evidence provided.

The court, in reviewing the decision of the Fair Work Commission, considered the statutory framework governing enterprise agreements and the Commission's powers. The court found that the Commission had exercised its powers correctly in approving the agreement, as it was satisfied that the Commission had taken into account all relevant factors and evidence. The court also noted that the classification of employees and their remuneration were matters that fell within the scope of the agreement, and the Commission had not erred in its determination. As a result, the court dismissed the application for judicial review and upheld the approval of the enterprise agreement.

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