DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia
(AG2016/6206)

CEMENT AUSTRALIA PTY LIMITED TRANSPORT EMPLOYEES (VIC) ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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 7 December 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider the application for approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2016. The applicant, Cement Australia Pty Limited, sought approval for the enterprise agreement which was proposed to cover employees within the transport industry in Victoria. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and related regulations, specifically focusing on its adherence to the mandatory terms set out in the Act. The Commission was tasked with evaluating the agreement's provisions against the legal requirements and ensuring that it met the standards for a modern award.

The primary legal issues revolved around the compliance of the enterprise agreement with the Fair Work Act 2009. The Commission had to ascertain whether the agreement covered all necessary minimum terms, including those related to wages, classification, and other employment conditions. Furthermore, it was necessary to examine whether the agreement allowed for genuine flexibility and whether it provided for the protection of employees' rights and interests. The Commission also had to consider the bargaining process to ensure that the agreement was genuinely negotiated and that the parties had acted in good faith.

In rendering its decision, the Commission meticulously reviewed the provisions of the enterprise agreement against the legislative framework. It found that the agreement contained all the mandatory terms required by the Fair Work Act 2009 and that it provided for genuine flexibility in the workplace. The Commission determined that the agreement was negotiated in good faith and that it offered adequate protections for employees. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the necessary legal standards and its potential to foster a fair and efficient workplace environment.

The Commission issued an order approving the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2016. This approval signified that the agreement met the requirements of the Fair Work Act 2009 and was fit for operation as a modern award. The decision provided clarity and certainty for the parties involved and reinforced the importance of adhering to legal standards in enterprise agreements.

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