DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Ltd
(AG2017/2974)

CEMENT AUSTRALIA - PRODUCT SUPPORT AND TECHNOLOGY AGREEMENT 2017

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 27 SEPTEMBER 2017

Application for approval of the Cement Australia - Product Support and Technology Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia - Product Support and Technology Agreement 2017 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 27 September 2017 and, in accordance with s.54, will operate from 4 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Ltd recently brought an application before the Fair Work Commission to seek approval of the Cement Australia - Product Support and Technology Agreement 2017. The agreement is intended to be a registered agreement under the Fair Work Act 2009 and is set to apply to employees in the cement manufacturing and supply industry. The legal issues before the Commission were whether the agreement met the statutory requirements for approval and registration under the Fair Work Act, and whether it would provide for fair and effective workplace relations.

The Commission considered the provisions of the Fair Work Act and relevant case law in determining whether the agreement met the criteria for approval. The agreement was found to be in compliance with the requirements of the Act, including provisions relating to the scope, terms, and procedures for the agreement. The Commission also noted that the agreement provided for fair and effective workplace relations, including provisions for dispute resolution and the protection of employees' rights. As such, the Commission approved the agreement and ordered that it be registered under the Fair Work Act.

The approval and registration of the Cement Australia - Product Support and Technology Agreement 2017 is a significant development for the cement manufacturing and supply industry in Australia. The agreement provides for a framework for fair and effective workplace relations, and will help to ensure that employees in the industry are treated fairly and have access to appropriate dispute resolution mechanisms. The decision of the Fair Work Commission in this matter is an important contribution to the ongoing development of industrial relations law in Australia.

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