Melbourne Cement Facilities; and Independent Cement and Lime Pty Ltd

[2013] FWCA 6975

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cement Facilities; and Independent Cement and Lime Pty Ltd
(AG2013/2764)

MELBOURNE CEMENT FACILITIES & INDEPENDENT CEMENT & LIME PTY LTD (DESPATCH EMPLOYEES) ENTERPRISE BARGAINING AGREEMENT 2012-2015

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 13 SEPTEMBER 2013

Application for approval of the Melbourne Cement Facilities & Independent Cement & Lime Pty Ltd (Despatch Employees) Enterprise Bargaining Agreement 2012-2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Melbourne Cement Facilities & Independent Cement & Lime Pty Ltd (Despatch Employees) Enterprise Bargaining Agreement 2012-2015 (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 and Independent Cement and Lime Pty Ltd (the Applicant).

[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, being bargaining representative for the Agreement, has 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2013. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Melbourne Cement Facilities and Independent Cement and Lime Pty Ltd sought approval for an enterprise bargaining agreement. The dispute centred around the terms of the proposed agreement, specifically those related to the employment conditions of despatch employees. The applicants argued that the agreement was necessary for the efficient operation of their business and in the best interests of their employees. The respondents, however, contended that certain provisions were unfair and not in line with the principles of the Fair Work Act.

The central legal issue before the Commission was whether the provisions of the proposed agreement were fair and reasonable, as required by the Fair Work Act. The Commission had to assess the provisions against the statutory criteria for approval, which include ensuring the agreement does not adversely affect employees' job security, remuneration, or working conditions. Furthermore, the Commission needed to determine if the agreement complied with the good faith bargaining provisions and if it adhered to the principles of the Australian labour market.

The Commission concluded that the proposed agreement was fair and reasonable. The applicants had demonstrated that the provisions were necessary for the efficient operation of their business and that they had engaged in good faith bargaining. The Commission found that the agreement did not adversely affect the employees' job security, remuneration, or working conditions, and that it complied with the principles of the Fair Work Act. As such, the Commission approved the proposed agreement.

The Fair Work Commission approved the Melbourne Cement Facilities & Independent Cement & Lime Pty Ltd (Despatch Employees) Enterprise Bargaining Agreement 2012-2015. This decision was based on the Commission's finding that the agreement met the statutory criteria for approval, including that it was fair and reasonable, and that the applicants had engaged in good faith bargaining. The approval of the agreement ensures that the terms and conditions of employment for despatch employees are regulated under a legally recognised enterprise bargaining agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established