DECISION

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

Cement Australia Pty Ltd
(AG2015/4241)

CEMENT AUSTRALIA BULWER ISLAND ENTERPRISE AGREEMENT 2015

Cement and concrete products
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 AUGUST 2015

Application for approval of the Cement Australia Bulwer Island Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 August 2015 by Cement Australia Pty Ltd for the approval of a single-enterprise agreement known as the Cement Australia Bulwer Island Enterprise Agreement 2015 (“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cement Australia Pty Ltd was the applicant seeking approval of an enterprise agreement in the Fair Work Commission. The dispute centred around whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the validity of the application and whether the agreement should be formally approved.

The legal issues before the Commission involved whether the agreement had been made freely and without any coercion, if it provided for the proper payment of employees, and whether it was in the best interests of the employees. The Commission also considered whether the agreement complied with the requirements for bargaining representation and if it contained provisions that met the criteria for an enterprise agreement.

The Commission found that the agreement was made in a proper manner, was free from coercion, and provided for fair remuneration. It was also determined that the agreement was in the best interests of the employees and met the legal criteria for approval. The Commission was satisfied that the bargaining representation requirements were met and that the agreement contained all necessary provisions. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission ordered that the Cement Australia Bulwer Island Enterprise Agreement 2015 be approved and registered. This decision ensured that the agreement would govern the employment terms and conditions of the employees as intended, providing a legally binding framework for their relationship with the employer.

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