DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia
(AG2018/1922)

CEMENT AUSTRALIA TRANSPORT WORKERS (SOUTH EAST QUEENSLAND) ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2017 (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 T/A Cement Australia. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Limited, trading as Cement Australia, applied for approval of the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2017. The application was heard by the Fair Work Commission, with Commissioner Harper presiding. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a genuine enterprise agreement, free from any improper influence or coercion, and whether it provided for the protection of employees' interests in a fair and balanced manner.

The Commission examined the process by which the agreement was made, considering whether it was negotiated in good faith and whether the agreement was properly communicated to the employees. The Commission also assessed whether the agreement contained all the mandated minimum terms and conditions of employment and if any provisions were unfair. In reaching its decision, the Commission relied on various statutory provisions and relevant case law, applying a rigorous scrutiny to ensure the agreement complied with the legislative requirements.

After thorough consideration, the Commission found that the agreement was genuine and had been negotiated in good faith. It was satisfied that the agreement met all statutory requirements and provided adequate protection for the employees. Consequently, the Commission approved the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2017. The approval ensures that the agreement will legally bind the parties and govern the employment conditions of the transport workers in the specified region.

Cement Australia Pty Limited T/A Cement Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established