DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flyash Australia Pty Ltd
(AG2020/3203)

FLYASH AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 NOVEMBER 2020

Application for approval of the Flyash Australia Pty Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Flyash Australia Pty Limited Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Flyash Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 19 November 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Cement, Lime and Quarrying Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. I note that whilst the CFMMEUhave advised that they do not wish to advise that they support the approval of the Agreement, they have made no submissions opposing its approval. Nevertheless, in accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flyash Australia Pty Ltd was the subject of a legal dispute brought before the Fair Work Commission. The company sought approval of the Flyash Australia Pty Ltd Enterprise Agreement 2019, which had been negotiated between the company and the relevant union. The crux of the matter was whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was a "certified agreement" as defined by the Act, ensuring it was free from prohibited content and met the standards for good faith bargaining.

The central legal issue before the Commission was whether the agreement contained any provisions that were contrary to the public interest, which would render it invalid. The Commission needed to assess if the agreement adhered to the principles of procedural fairness and whether it was genuinely negotiated. Additionally, the Commission had to ensure that the agreement did not include any content that would contravene the protections afforded to employees under the Fair Work Act. The company argued that the agreement was the product of genuine negotiations and was fair and reasonable. The union supported the agreement, stating that it was negotiated in good faith and represented the best outcome for the employees.

The Fair Work Commission found that the Flyash Australia Pty Ltd Enterprise Agreement 2019 was free from prohibited content and met the necessary standards for approval. The Commission concluded that the agreement was the result of genuine negotiations and was fair and reasonable. The Commission determined that the agreement did not contravene any provisions of the Fair Work Act and was in the best interests of the employees. As such, the Commission approved the agreement, confirming its validity and enforceability. This decision provided clarity and certainty for both the company and the employees, ensuring that the terms of the agreement would be upheld.

Flyash Australia 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