Cockburn Cement Limited

[2014] FWCA 4234

FAIR WORK COMMISSION

DECISION

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

Cockburn Cement Limited
(AG2014/6485)

DONGARA UNION ENTERPRISE AGREEMENT 2014

Cement and concrete products
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 JUNE 2014

Application for approval of the Dongara Union Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dongara Union Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] The Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cockburn Cement Limited sought approval of the Dongara Union Enterprise Agreement 2014. The matter was heard by Deputy President R M Ryan, who was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the court was whether the Dongara Union Enterprise Agreement 2014 met the statutory requirements under the Fair Work Act 2009, particularly in terms of the agreement's content, the process by which it was negotiated, and its compliance with the 'better off overall test'. The court had to consider whether the agreement contained mandatory terms, whether it was genuinely negotiated, and whether it provided employees with a safety net of protections.

Deputy President Ryan found that the Dongara Union Enterprise Agreement 2014 was consistent with the requirements of the Fair Work Act 2009. The court determined that the agreement was genuinely negotiated between the parties, contained all necessary mandatory terms, and satisfied the better off overall test. The Deputy President approved the agreement, thereby enabling it to take effect.

The Fair Work Commission approved the Dongara Union Enterprise Agreement 2014, effective from 1st July 2014. The agreement was to remain in force until 30th June 2018, subject to the terms and conditions set out in the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established