Cement Australia Pty Limited T/A Cement Australia

[2024] FWCA 2660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Cement Australia Pty Limited T/A Cement Australia
(AG2024/2354)
CEMENT AUSTRALIA PTY LTD (PACKAGED PRODUCTS) CLYDE NSW ENTERPRISE AGREEMENT 2024

Cement and concrete products

DEPUTY PRESIDENT BOYCE

SYDNEY, 25 JULY 2024

Application for approval of the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2024
[1]      An application has been made for approval of an enterprise agreement to be known as the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cement Australia Pty Limited T/A Cement Australia (Employer). The Agreement is a single enterprise agreement.
Undertakings
[2]      The Employer has provided written undertakings dated 10 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Cement, Lime and Quarrying Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Signature Page
[3]      It was noted that the signature page in the copy of the Agreement which accompanied this application did not comply with Regulation 2.06A of the Fair Work Regulations 2009 and provide an explanation of the authority of the employee representative. An Amended signature page was provided to satisfy this requirement and replaces the signature page originally filed.
Conclusion
[4]      Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
[5]      I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6]      The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 31 March 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525485 PR777115>

CaseChat Overview and Summary

In the Fair Work Commission, Cement Australia Pty Limited, trading as Cement Australia, applied for approval of the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2024. The applicant sought to have the agreement, which outlines terms and conditions of employment for its employees, formally approved by the Commission. The application was made under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission to ensure they meet the requirements of Australian labour law.

The legal issues before the Commission involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act. This included examining whether the agreement contained the necessary minimum terms and conditions, ensuring that the agreement was made in good faith and did not undermine the protections provided by the Act, and verifying that the agreement had been properly negotiated and was fair and reasonable. The Commission also needed to consider whether the agreement provided for proper consultation and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2024 met the statutory requirements. The agreement contained all the necessary minimum terms and conditions, was made in good faith, and did not undermine the protections of the Fair Work Act. The Commission was satisfied that the agreement had been properly negotiated and was fair and reasonable. Additionally, it provided for appropriate consultation and dispute resolution mechanisms. Consequently, the Commission approved the agreement, confirming its compliance with the necessary legal standards.

The Commission's approval of the agreement ensures that it will now be binding on the parties involved, providing a clear and legally enforceable framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 JULY 2024