DECISION

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

Cement Australia Pty Ltd T/A Cement Australia
(AG2019/3983)

CEMENT AUSTRALIA GLADSTONE UNION COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 4 NOVEMBER 2019

Application for approval of the Cement Australia Gladstone Union Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Gladstone Union Collective Agreement 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Cement Australia Pty Ltd, trading as Cement Australia, and several unions. The dispute centres around the approval of the Cement Australia Gladstone Union Collective Agreement 2019, which was the subject of an application to the Fair Work Commission (FWC). The unions sought the approval of the agreement, which aimed to govern the terms and conditions of employment for certain employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the Commission had to examine whether the agreement was made in good faith, whether it included appropriate provisions for the protection of employees' rights and interests, and whether it adhered to the relevant legislative framework. The unions argued that the agreement was fair and reasonable, while Cement Australia contended that the agreement contained provisions that were not in the best interests of the employees.

In its decision, the Commission found that the agreement largely met the necessary requirements under the Fair Work Act. The Commission considered the evidence and submissions from both parties, focusing on the negotiation process, the fairness of the terms, and the protection of employees' rights. The Commission determined that while there were some areas of concern, the overall agreement was fair and reasonable. The Commission approved the agreement with certain conditions and modifications to address the identified issues, ensuring compliance with the statutory obligations.

The Fair Work Commission approved the Cement Australia Gladstone Union Collective Agreement 2019, subject to specific modifications and conditions. The modifications aimed to address the concerns raised during the review process, ensuring that the agreement better protected employees' rights and interests. The decision provided clarity on the application of the Fair Work Act in the context of collective agreements and highlighted the importance of fair and reasonable terms in employment agreements.

Cement Australia Pty Ltd T/A Cement Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established