DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Ltd
(AG2018/7423)

CEMENT AUSTRALIA PACKAGE PRODUCTS OPERATORS COOPERS PLAINS ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Cement Australia Package Products Operators Coopers Plains Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Package Products Operators Coopers Plains Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2019. The nominal expiry date of the Agreement is 30 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Ltd sought approval of the Cement Australia Package Products Operators Coopers Plains Enterprise Agreement 2018. The matter was heard in the Fair Work Commission. The dispute revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on whether it provided for the appropriate terms and conditions for employees and whether it had been genuinely negotiated.

The legal issues that the Commission needed to address included verifying the genuineness of the agreement, confirming that it was free from any improper influence or coercion, and ensuring that it covered all the required terms and conditions. Additionally, the Commission had to determine if the agreement was procedurally sound, including whether proper consultation had occurred among the parties involved.

The Fair Work Commission found that the agreement was genuinely negotiated and free from any improper influence or coercion. It was noted that the agreement was comprehensive, covering all necessary terms and conditions, and that it had been developed through proper consultation processes. The Commission concluded that the agreement met the statutory criteria for approval and was in the best interest of the employees involved. Consequently, the Commission approved the Cement Australia Package Products Operators Coopers Plains Enterprise Agreement 2018.

Cement Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established