Cement Australia Pty Ltd T/A Cement Australia

[2018] FWCA 5759

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Cement Australia Pty Ltd T/A Cement Australia

(AG2018/2353)

Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2018

Cement and concrete products
Commissioner Johns	SYDNEY, 13 SEPTEMBER 2018

Application for approval of the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2018 (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 T/A Cement Australia. The Agreement is a single enterprise agreement.

The Employer 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.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2018. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia Pty Ltd, trading as Cement Australia, applied for approval of the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2018. The application was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009. The primary dispute centred on the procedural fairness of the agreement, specifically whether it complied with the requirements of section 233 of the Fair Work Act.

The legal issues before the Commission included whether the agreement was negotiated in good faith, whether the appropriate procedures were followed in the negotiation process, and whether the agreement met the criteria for being considered a "single, integrated, and complete" agreement. Cement Australia argued that the agreement was the product of genuine negotiations and satisfied all statutory requirements. The opposing party raised concerns about the negotiation process and the comprehensiveness of the agreement.

The Fair Work Commission examined the evidence and submissions presented by both parties. It found that the agreement was the result of genuine negotiations and that the process followed was procedurally fair. The Commission also determined that the agreement was a single, integrated, and complete document that covered all necessary aspects of employment conditions. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2018. The Commission's decision was based on the conclusion that the agreement was negotiated in good faith, the negotiation process was procedurally fair, and the agreement met all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established