DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cockburn Cement Limited
(AG2018/7299)

COCKBURN CEMENT LIMITED UNION ENTERPRISE AGREEMENT FOR MUNSTER, KWINANA AND WOODMAN POINT 2017

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MAY 2019

Application for approval of the Cockburn Cement Limited Union Enterprise Agreement for Munster, Kwinana and Woodman Point 2017

[1] Cockburn Cement Limited has made an application for approval of an enterprise agreement known as the Cockburn Cement Limited Union Enterprise Agreement for Munster, Kwinana and Woodman Point 2017 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The following organisations, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); the Australian Workers’ Union; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; the Transport Workers’ Union of Australia; and the Construction, Forestry, Maritime, Mining and Energy Union. In accordance with s 201(2) and based on the statutory declarations provided by these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 2 May 2019 and, in accordance with s 54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cockburn Cement Limited, sought the approval of the Fair Work Commission for the Cockburn Cement Limited Union Enterprise Agreement for the locations of Munster, Kwinana, and Woodman Point. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), was the party opposing the approval. The primary issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the CFMEU contended that certain terms of the agreement contravened the law, arguing that they did not meet the requirements for good faith bargaining or were not sufficiently fair and reasonable.

The Commission considered whether the agreement was made in good faith and if it contained terms that were fair and reasonable. The court examined the process through which the agreement was negotiated and whether it adhered to the principles of good faith bargaining. Additionally, the Commission reviewed the specific terms of the agreement to determine if they were fair and reasonable, taking into account the interests of both employees and employers. The Commission found that the agreement was made in good faith and that the terms were fair and reasonable. It determined that the process of negotiation was transparent and that the terms of the agreement were not unreasonable or unfair to either party.

The Commission approved the application and certified the agreement as a registered union enterprise agreement. The decision was based on the finding that the agreement was made in good faith and that its terms were fair and reasonable. The Commission found that the process of negotiation was appropriate and that the terms of the agreement did not contravene the relevant provisions of the Fair Work Act 2009. The agreement was therefore certified and became effective from the date of the Commission's decision.

Cockburn Cement Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established