Cement Australia Pty Limited

[2021] FWCA 6640

FAIR WORK COMMISSION

DECISION

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

Cement Australia Pty Limited
(AG2021/7764)

CEMENT AUSTRALIA PTY LIMITED FLEET MAINTENANCE ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER SIMPSON	BRISBANE, 11 NOVEMBER 2021

Application for approval of the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 1.3(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers Union (AWU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the it wants the Agreement to cover it.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers the AWU, AMWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cement Australia Pty Limited, sought approval of the 2021 Fleet Maintenance Enterprise Agreement. The dispute was heard by the Fair Work Commission. The application centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The central legal issue was whether the agreement appropriately balanced the interests of the employees and the employer, and if it complied with the procedural and substantive requirements for approval.

The Commission examined the procedural fairness of the agreement's negotiation and the substantive provisions within the agreement itself. Procedurally, the Commission considered whether the agreement was genuinely negotiated and whether there were any unfair bargaining practices. Substantively, the Commission assessed the fairness of the agreement's terms and conditions, including wages, hours of work, and other employment conditions. The Commission determined that the agreement had been fairly negotiated and that it contained terms and conditions that were fair and reasonable.

The Fair Work Commission approved the agreement, finding that it met the requirements for approval under the Act. The agreement was found to be procedurally and substantively fair, and it balanced the interests of both the employer and employees. The Commission concluded that the agreement was in the best interests of the employees and the employer, and it would not have an adverse effect on the employees.

The Fair Work Commission approved the 2021 Fleet Maintenance Enterprise Agreement and directed that it be registered with the Registrar of the Fair Work Commission. The agreement is now a legally binding contract between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established