Cement Australia Pty Limited T/A Cement Australia

[2024] FWCA 3499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia

(AG2024/3273)

CEMENT AUSTRALIA - PRODUCT SUPPORT AND TECHNOLOGY AGREEMENT 2024

Cement and concrete products
COMMISSIONER MCKINNON	SYDNEY, 4 OCTOBER 2024

Application for approval of the Cement Australia - Product Support and Technology Agreement 2024

Cement Australia Pty Limited T/A Cement Australia has applied for approval of a single enterprise agreement known as the Cement Australia - Product Support and Technology Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 11 October 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

[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, sought approval from the Fair Work Commission for a new enterprise agreement. The applicant's employees, who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on several grounds. The dispute came before the Fair Work Commission, which had to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements for an enterprise agreement, including the fairness test. Specifically, the Commission needed to consider whether the agreement had been genuinely negotiated, whether it contained the necessary minimum terms and conditions, and whether it met the fairness test.

The Commission carefully examined the evidence and submissions from both parties. It noted that the agreement had been negotiated in good faith and included all required minimum terms. The Commission also considered the fairness test, assessing whether the agreement was reasonable and balanced in its treatment of the parties. After thorough deliberation, the Commission found that the agreement was genuinely negotiated and met all legal requirements. The agreement was considered fair and balanced, taking into account the interests of both employers and employees. Consequently, the Commission approved the Cement Australia - Product Support and Technology Agreement 2024. The decision highlighted the importance of fair negotiation processes and the substantive content of enterprise agreements in ensuring industrial harmony and compliance with statutory obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established