DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia
(AG2017/4968)

CEMENT AUSTRALIA PTY LIMITED TRANSPORT EMPLOYEES (CENTRAL & NORTH QUEENSLAND) ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 16 JANUARY 2018

Application for approval of the Cement Australia Pty Limited Transport Employees (Central & North Queensland) Enterprise Agreement 2017.

[1] On 20 October 2017 Cement Australia Pty Limited T/A Cement Australia (Applicant) made an application for approval of the Cement Australia Pty Limited Transport Employees (Central & North Queensland) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Transport Workers’ Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 January 2018. The nominal expiry date of the Agreement is 30 June 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 Transport Employees (Central & North Queensland) Enterprise Agreement 2017. The Fair Work Commission heard the matter and was required to decide if the agreement was suitable for registration. The application for approval was opposed by a number of unions and individual employees who argued that the agreement contained provisions that were not fair and reasonable.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for being deemed suitable for registration. Key concerns included provisions relating to employment conditions, redundancy entitlements, and the scope of bargaining. The Commission needed to examine if these provisions complied with the Fair Work Act 2009, particularly in terms of ensuring fairness and reasonableness.

The Commission carefully reviewed the provisions of the agreement and considered the submissions from both Cement Australia and the opposing parties. It found that while some aspects of the agreement required minor amendments to ensure fairness, the overall agreement was suitable for registration. The Commission accepted that the agreement provided for a fair and reasonable framework for employment conditions and that it balanced the interests of both the employer and employees. The Fair Work Commission approved the agreement subject to certain modifications, ensuring compliance with the statutory requirements for enterprise agreements.

The final orders included the approval of the Transport Employees (Central & North Queensland) Enterprise Agreement 2017 with specified modifications to address the concerns raised by the opposing parties. The Commission's decision was based on its determination that the agreement, with the required adjustments, met the necessary criteria for fairness and reasonableness under the Fair Work Act 2009.

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