DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cockburn Cement Limited
(AG2015/2830)

COCKBURN CEMENT LIMITED UNION ENTERPRISE AGREEMENT FOR MUNSTER, KWINANA AND WOODMAN POINT 2014

Cement and concrete products
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 3 JUNE 2015

Application for approval of the Cockburn Cement Limited Union Enterprise Agreement for Munster, Kwinana and Woodman Point 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cockburn Cement Limited Union Enterprise Agreement for Munster, Kwinana and Woodman Point 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cockburn Cement Limited. The Agreement is a single enterprise agreement.

[2] 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 “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, and the Construction, Forestry, Mining and Energy Union, being 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2015. The nominal expiry date of the Agreement is 31 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Cockburn Cement Limited, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The dispute centred around the approval of the Cockburn Cement Limited Union Enterprise Agreement for the sites at Munster, Kwinana, and Woodman Point for the year 2014. The Fair Work Commission (FWC) was tasked with determining whether this agreement met the necessary standards and conditions under the Fair Work Act 2009.

The legal issues before the FWC included assessing whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it contained necessary protections for vulnerable employees, and if the agreement was consistent with the principles of the Fair Work Act. Additionally, the FWC had to consider whether the agreement adequately addressed the operational needs of Cockburn Cement Limited.

The FWC carefully reviewed the terms of the agreement and examined the submissions from both parties. The FWC determined that the agreement provided fair and reasonable terms for the employees, included necessary protections, and balanced the interests of both the employer and the employees. The FWC approved the agreement, finding it to be consistent with the principles of the Fair Work Act and operational needs of the employer. The FWC issued an order approving the Union Enterprise Agreement for the specified sites for the year 2014.

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