DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia (Queensland) Pty Ltd
(AG2017/637)

CEMENT AUSTRALIA GLADSTONE UNION COLLECTIVE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 4 APRIL 2017

Application for approval of the Cement Australia Gladstone Union Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Gladstone Union Collective Agreement 2016 (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 (Queensland) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have 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 organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cement Australia (Queensland) Pty Ltd was the applicant seeking approval of the Cement Australia Gladstone Union Collective Agreement 2016 before the Fair Work Commission. The agreement, which was negotiated between the applicant and a union representing its employees, aimed to regulate various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The union, on the other hand, contested the application on the grounds that certain provisions of the agreement were not fair and reasonable. The dispute centred around specific clauses within the agreement that the union argued failed to adequately protect employees' rights and interests.

The primary legal issue before the Commission was whether the contested clauses in the agreement were fair and reasonable, taking into account the principles and objectives of the Fair Work Act 2009. This required a comprehensive examination of the agreement's provisions to determine if they aligned with the statutory requirements for collective agreements. The Commission had to consider the balance of rights and obligations between the employer and employees, the fairness of the terms, and the overall impact on the workforce. Additionally, the Commission had to assess whether the agreement adequately provided for the protection of employees' rights and interests, including those of vulnerable workers.

In its decision, the Commission closely examined the provisions of the agreement that were subject to the union's objections. The Commission found that, while the overall agreement was fair and reasonable, some clauses did not adequately protect certain employee rights. The contested clauses were found to be deficient in areas such as dispute resolution mechanisms and certain working conditions. However, the Commission concluded that the overall balance of rights and obligations in the agreement was fair and reasonable, and that the benefits to the workforce outweighed the deficiencies. Consequently, the Commission approved the agreement with some modifications to address the identified issues, ensuring that it complied with the statutory requirements and protected employees' rights and interests.

Cement Australia (Queensland) 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