Cement Australia Pty Limited T/A Cement Australia

[2024] FWCA 4034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia

(AG2024/4100)

CEMENT AUSTRALIA PTY LIMITED FLEET MAINTENANCE ENTERPRISE AGREEMENT 2024

Cement and concrete products
DEPUTY PRESIDENT DOBSON	BRISBANE, 19 NOVEMBER 2024

Application for approval of the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cement Australia Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

It was identified that a referencing error exists at clause 4.6(i) of the Agreement in relation to Grievance Procedures which appears to be found at clause 3.1. The Employer has provided an updated copy of the Agreement which corrects this error. I am satisfied that this issue constitutes an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from 26 November 2024. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cement Australia Pty Limited, trading as Cement Australia, applied for approval of the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2024. The application was brought before the Fair Work Commission, a federal statutory body with jurisdiction over employment matters. The agreement sought approval under the Fair Work Act 2009, as it covered employees in the fleet maintenance sector employed by Cement Australia.

The legal issues the court had to address included whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether it was consistent with the objectives of the Fair Work Act. Specifically, the court examined if the agreement appropriately balanced the interests of the employer and employees, and if it complied with the statutory minimum standards set forth in the Act.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The court was satisfied that the agreement appropriately balanced the interests of both parties and was consistent with the objectives of the Act. The Commission approved the agreement, recognising its fairness and compliance with the statutory requirements.

In approving the agreement, the Fair Work Commission made orders to ensure its implementation and compliance with the Fair Work Act. The agreement was to be registered and would take effect from the date of the Commission's approval. Employees were to be given notice of the agreement's terms, and the employer was required to provide relevant information to the Commission as necessary.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established