Cement Australia Pty Ltd Summary

[2014] FWCA 5416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cement Australia Pty Ltd
(AG2014/1865)

CEMENT AUSTRALIA SUPPLY CHAIN MECHANICS ENTERPRISE AGREEMENT 2014

Vehicle industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 11 AUGUST 2014

Application for approval of the Cement Australia Supply Chain Mechanics Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Supply Chain Mechanics Enterprise Agreement 2014 (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 Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 18 August 2014. The nominal expiry date of the Agreement is 1 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Cement Australia Pty Ltd for approval of the Cement Australia Supply Chain Mechanics Enterprise Agreement 2014. The dispute arose out of negotiations between Cement Australia and the relevant unions, which had resulted in an enterprise agreement that the company sought to have approved by the Commission. The application was contested by the unions, who argued that the agreement did not meet certain legal requirements for approval.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009, including whether it provided for proper representation of the employees, whether it contained the necessary protections for employees, and whether it had been fairly and independently negotiated. The Commission also needed to determine whether the agreement met the "better off overall test," which required that the agreement be at least as good as the applicable awards or previous agreements.

After considering the evidence and submissions from both parties, the Commission found that the agreement did comply with the statutory requirements. The Commission was satisfied that the agreement had been fairly and independently negotiated and that it provided for proper representation of the employees. The Commission also found that the agreement met the better off overall test and contained the necessary protections for employees. As a result, the Commission approved the Cement Australia Supply Chain Mechanics Enterprise Agreement 2014.

The Fair Work Commission approved the Cement Australia Supply Chain Mechanics Enterprise Agreement 2014. The unions' objections to the agreement were rejected, and the agreement was deemed to meet all the necessary legal requirements. The Commission's decision was based on the evidence and submissions presented during the hearing, and it was a significant outcome for both Cement Australia and the relevant unions.

Cement Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established