Cement Australia Pty Ltd Summary

[2014] FWCA 5875

FAIR WORK COMMISSION

DECISION

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

Cement Australia Pty Ltd
(AG2014/1798)

CEMENT AUSTRALIA CLYDE TERMINAL OPERATORS ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Clyde 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] Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] 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 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Cement Australia Pty Ltd recently appeared before the Fair Work Commission in relation to an application for the approval of the Cement Australia Clyde Terminal Operators Enterprise Agreement 2014. The company sought the Commission's approval of the agreement, which was to be applied to the employees of the company's Clyde Terminal in New South Wales. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other conditions of employment as stipulated in the agreement.

The legal issues that the Commission had to address included whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement was a "bare bones" agreement that met the minimum requirements, or if it contained additional terms that went beyond the minimum. The Commission also had to consider if the agreement was made in good faith and if it was fair and reasonable.

The Commission found that the agreement was a "bare bones" agreement that met the minimum requirements of the Fair Work Act. The Commission noted that the agreement provided for the minimum terms and conditions of employment, including minimum wages, penalty rates, and leave entitlements. The Commission also found that the agreement was made in good faith and was fair and reasonable. The Commission approved the agreement, and it is now a legally binding enterprise agreement. The approval of the agreement ensures that the employees of Cement Australia Pty Ltd at the Clyde Terminal are covered by a modern award and have their rights and obligations protected by a legally binding agreement.

Cement Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established