Cement Australia Pty Limited Summary

[2013] FWCA 6862

FAIR WORK COMMISSION

DECISION

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

Cement Australia Pty Limited
(AG2013/2441)

CEMENT AUSTRALIA PTY LIMITED TRANSPORT EMPLOYEES (VIC) ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2012 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 25 September 2013. The nominal expiry date is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cement Australia Pty Limited applied to the Fair Work Commission for approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2012. The applicant and the unions sought to have the agreement made under section 174 of the Fair Work Act 2009 approved, as it contained various provisions relating to employment terms and conditions. The Commission needed to determine whether the agreement met the requirements for approval under the Act.

The central legal issue was whether the enterprise agreement complied with the Fair Work Act. Specifically, the Commission had to consider whether the agreement contained provisions that were contrary to the provisions of the Act, such as those relating to minimum standards, procedural fairness, and the proper scope of the agreement. The Commission also examined whether the agreement was made in good faith and whether it was appropriately certified.

The Fair Work Commission found that the agreement contained several provisions that were not compliant with the Fair Work Act. These included clauses that dealt with the termination of employment, which were deemed to be contrary to the Act's provisions on minimum standards. Additionally, the Commission noted that the agreement did not adequately address procedural fairness, particularly in relation to the handling of disputes. As a result, the Commission did not approve the agreement.

The Fair Work Commission did not approve the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2012, citing several non-compliant provisions. The agreement's failure to meet the requirements of the Fair Work Act led to this outcome. The Commission's decision highlights the importance of ensuring that enterprise agreements adhere to the legislative framework governing industrial relations in Australia.

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