DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia
(AG2019/4061)

CEMENT AUSTRALIA PTY LIMITED TRANSPORT EMPLOYEES (VIC) ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 NOVEMBER 2019

Application for approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2019.

[1] Cement Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 November 2019 and, in accordance with s 54, will operate from 25 November 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Limited, trading as Cement Australia, applied for the approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2019, which was to be made pursuant to section 230 of the Fair Work Act 2009. The Fair Work Commission was the tribunal hearing the matter. The dispute centred around whether the proposed agreement complied with the requirements of the Act and whether it was in the best interests of the employees involved.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory prerequisites for approval, including whether it provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements of the Act. Another significant issue was whether the agreement was made in good faith and without coercion, coercion, or undue influence, as required by the Act.

The Fair Work Commission found that the enterprise agreement complied with the necessary statutory requirements and was made in good faith. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees and that the process leading to the agreement was free from coercion, undue influence, or other procedural irregularities. Additionally, the Commission concluded that the agreement was in the best interests of the employees. Therefore, the Commission approved the enterprise agreement, determining that it was compliant with the relevant legislative provisions and in the best interests of the employees.

No further orders were made beyond the approval of the enterprise agreement.

Cement Australia Pty Limited T/A Cement Australia

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established