Cement Australia Pty Limited

[2022] FWCA 2965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cement Australia Pty Limited

(AG2022/3384)

Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 AUGUST 2022

Application for approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2022

An application has been made by Cement Australia Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2022 (the Agreement).

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

The Transport Workers’ Union of Australia, 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 2 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2022. The applicant, Cement Australia, sought approval for the agreement, which was submitted under the Fair Work Act 2009. The dispute involved provisions regarding employee conditions, including pay rates, working hours, and leave entitlements. The Commission's role was to determine whether the agreement met the requirements for approval under the Act.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, free from coercion and undue influence, and if it complied with the provisions of the Fair Work Act. The Commission had to consider the procedural fairness of the negotiation process, the extent to which the agreement met the needs of the employees, and whether the agreement provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Commission examined the evidence provided by both parties regarding the negotiation process and the contents of the agreement. The Commission found that the negotiation process was conducted fairly, with adequate representation and no evidence of undue influence or coercion. The agreement was deemed to meet the needs of the employees by providing for fair and reasonable terms, including competitive pay rates and reasonable working hours. The Commission concluded that the agreement complied with the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2022, subject to the terms and conditions set out in the agreement. The decision was made on the basis that the agreement was genuinely negotiated, free from coercion, and met the requirements of the Fair Work Act. The approval ensures that the terms and conditions of employment for the employees are protected and regulated under the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established