Cement Australia Pty Ltd

[2014] FWCA 8458

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Ltd
(AG2014/7989)

CEMENT AUSTRALIA PACKAGED PRODUCTS WEST FOOTSCRAY ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 26 NOVEMBER 2014

Application for approval of the Cement Australia Packaged Products West Footscray Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Cement Australia Packaged Products West Footscray 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2014. The nominal expiry date of the Agreement is 31 August 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cement Australia Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute arose between the company and its employees, primarily concerning the terms and conditions of employment. The Fair Work Commission was tasked with assessing the agreement to ensure it complied with the legislative requirements.

The primary legal issues before the Commission were whether the agreement met the 'better off overall test' (BOOT) as required by section 183 of the Act, and if it contained the 'mandatory' terms specified in section 232. Furthermore, the Commission had to determine whether the agreement was genuinely negotiated and if it complied with procedural fairness. The negotiation process, the fairness of the terms, and whether any employees had been unjustifiably disadvantaged were also scrutinised.

The Commission found that the agreement did meet the BOOT, as it provided a fair and better outcome for the majority of employees. The mandatory terms were included, and the agreement was genuinely negotiated between the parties. The Commission also confirmed that procedural fairness was maintained throughout the process. As a result, the Commission approved the agreement, finding it to be in accordance with the legislative requirements. The approval was granted on the basis that the agreement was fair and balanced, and it met the necessary criteria under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established