DECISION

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

Cement Australia Pty Ltd
(AG2014/10307)

CEMENT AUSTRALIA TOWNSVILLE TERMINAL OPERATORS ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 18 FEBRUARY 2015

Application for approval of the Cement Australia Townsville Terminal Operators Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Townsville Terminal Operators 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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 16 February 2015, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager Human Resources, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cement Australia Pty Ltd was the applicant seeking approval of the Cement Australia Townsville Terminal Operators Enterprise Agreement 2014. The application was brought before the Fair Work Commission, a specialist tribunal established under the Fair Work Act 2009 to address disputes and issues related to employment and workplace relations. The nature of the dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act, particularly in relation to its compliance with the "better off overall test".

The central legal issue before the Commission was whether the proposed enterprise agreement provided a sufficient safety net and included appropriate mechanisms for resolving disputes, as mandated by the Act. The applicant argued that the agreement was fair and reasonable, providing benefits to employees that outweighed any detriments. The respondent, however, contested the adequacy of the agreement in terms of employee protection and dispute resolution.

The Commission examined the agreement's provisions in detail, considering factors such as wage rates, conditions of employment, dispute resolution mechanisms, and overall fairness. The Commission found that the proposed enterprise agreement met the statutory requirements for approval. It concluded that the agreement provided a safety net that was at least as good as, if not better than, the applicable award or registered agreement, and included effective dispute resolution processes. The Commission determined that the agreement was likely to result in employees being better off overall, thus satisfying the legal criteria for approval.

The Commission approved the Cement Australia Townsville Terminal Operators Enterprise Agreement 2014, marking it as a registered agreement under the Fair Work Act. The approval was contingent on the agreement being formally executed by the parties and registered with the Commission within the prescribed timeframe.

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