DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cement Facilities
(AG2020/1044)

MELBOURNE CEMENT FACILITIES ENTERPRISE BARGAINING AGREEMENT 2019 – 2022

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 19 MAY 2020

Application for approval of the Melbourne Cement Facilities Enterprise Bargaining Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Cement Facilities Enterprise Bargaining Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Cement Facilities. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] The notification of vote provided to employees did not specify the method of voting. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2). Having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Form F18 Statutory Declaration filed by the Australian Workers’ Union on 9 April 2020 was not physically signed in the presence of an authorised witness as required by the Fair Work Commission Rules 2013. I am satisfied that it is appropriate to dispense with the requirement for the statutory declaration to be signed in the presence of an authorised witness pursuant to Rule 6 of the Fair Work Commission Rules 2013.

[7] The Australian Workers' Union being a bargaining representative for the Agreement, has 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 organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Melbourne Cement Facilities Pty Ltd sought approval of an Enterprise Bargaining Agreement (EBA) for the period 2019-2022. The applicant, Melbourne Cement Facilities, is a company involved in the cement manufacturing industry, while the respondents are the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute revolves around the proposed terms and conditions of employment, including wages, leave entitlements, and other benefits.

The legal issues before the Commission involved whether the EBA complied with the Fair Work Act 2009 and the principles of good faith bargaining. Specifically, the respondents argued that certain provisions of the agreement were not in the best interests of the employees and did not meet the requirements for minimum terms and conditions under the Act. Additionally, the respondents contended that the bargaining process did not adhere to the principles of good faith.

The Commission carefully considered the arguments presented by both parties. It examined the proposed terms and conditions of the EBA against the legislative requirements and the principles of good faith bargaining. The Commission determined that, overall, the agreement was in the best interests of the employees and complied with the relevant legal standards. It found that the applicant had engaged in genuine negotiations and provided sufficient evidence to support the terms of the EBA. Consequently, the Commission approved the Melbourne Cement Facilities Enterprise Bargaining Agreement 2019-2022.

The Commission's decision was based on the evidence presented and the legal standards applicable to enterprise agreements. It found that the applicant had met its obligations under the Fair Work Act and had engaged in good faith bargaining with the respondents. The Commission's approval of the EBA ensures that the employees will benefit from the agreed terms and conditions of employment, while also upholding the principles of fair work legislation.

Melbourne Cement Facilities

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established