Cement Australia Pty Limited Summary

[2023] FWCA 842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cement Australia Pty Limited

(AG2023/475)

CEMENT AUSTRALIA CLYDE TERMINAL OPERATORS ENTERPRISE AGREEMENT 2022

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 21 MARCH 2023

Application for approval of the Cement Australia Clyde Terminal Operators Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cement Australia Clyde Terminal Operators Enterprise Agreement 2022 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Limited applied to the Fair Work Commission for approval of the Cement Australia Clyde Terminal Operators Enterprise Agreement 2022. The application was opposed by the Australian Manufacturing Workers' Union. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it facilitated the efficient operation of the business, and whether it was made in good faith and without coercion. The applicant argued that the agreement was necessary to facilitate the efficient operation of the business, and that it was made in good faith and without coercion. The union opposed the application on the basis that it did not facilitate the efficient operation of the business, and that it was made in bad faith and with coercion.

The Commission found that the agreement facilitated the efficient operation of the business and was made in good faith and without coercion. It noted that the agreement included provisions that addressed the specific needs of the business, and that it provided for flexible working arrangements and other measures that would facilitate the efficient operation of the business. The Commission also found that the agreement was made in good faith and without coercion, noting that it was the product of genuine negotiations between the parties. The application was approved, and the agreement was registered as a certified agreement.

The Fair Work Commission approved the Cement Australia Clyde Terminal Operators Enterprise Agreement 2022, finding that it met the requirements of the Fair Work Act 2009. The agreement was registered as a certified agreement, and will now apply to the relevant employees. The union's opposition to the application was dismissed.

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