DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2020/4220)

CEMENT AUSTRALIA TRANSPORT WORKERS (SOUTH EAST QUEENSLAND) ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 27 JANUARY 2021

Application for approval of the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2020.

[1] Application has been made by Cement Australia Pty Limited for approval of a single enterprise agreement known as the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2021. The nominal expiry date of the Agreement is 31 December 2022.

[4] The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Cement Australia Pty Limited involved the application for the approval of the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2020. The dispute was lodged with the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they comply with the Fair Work Act 2009. The primary parties involved were Cement Australia Pty Limited, the employer, and the transport workers union representing the employees. The nature of the dispute was to determine whether the proposed enterprise agreement met the legal requirements for approval under Australian industrial relations law.

The legal issues before the court were whether the agreement was a genuine enterprise agreement, if it complied with the procedural requirements set forth in the Act, and whether it met the tests of being in the best interest of the employees. The union argued that the agreement was fair and in the employees' best interests, while Cement Australia Pty Limited raised concerns over certain provisions within the agreement. The court was required to carefully consider these points, ensuring that the agreement did not unfairly disadvantage the employees and that it had been negotiated in good faith.

The Fair Work Commission examined the evidence and arguments presented by both parties, assessing the agreement against the statutory criteria. The Commission found that the agreement was genuine and had been negotiated in good faith. It also determined that the agreement did not disadvantage the employees and met the criteria for being in their best interests. Consequently, the Commission approved the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2020, affirming that it complied with all necessary legal requirements. The decision was made in accordance with the Fair Work Act 2009, providing certainty for both the employer and the employees moving forward.

Cement Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established