DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cement Facilities and Independent Cement & Lime Pty Ltd
(AG2016/4083)

MELBOURNE CEMENT FACILITIES ENTERPRISE BARGAINING AGREEMENT 2015 - 2018

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 AUGUST 2016

Application for approval of the Melbourne Cement Facilities Enterprise Bargaining Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Cement Facilities Enterprise Bargaining Agreement 2015 - 2018 (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 & Lime Pty Ltd. The agreement is a multi enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Melbourne Cement Facilities and Independent Cement & Lime Pty Ltd involved a dispute over the application for approval of the Melbourne Cement Facilities Enterprise Bargaining Agreement 2015-2018. The applicants were Melbourne Cement Facilities, a subsidiary of Boral Limited, and Independent Cement & Lime Pty Ltd, both of which sought approval of the agreement from the Fair Work Commission. The agreement was challenged by the Australian Manufacturing Workers' Union, which argued that certain terms of the agreement were not in the best interests of the employees.

The central legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement adequately protected the rights and interests of the employees. The court had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for enterprise agreements.

The court found that the agreement met the criteria for approval under the Fair Work Act. The court held that the agreement was fair and reasonable, and that the procedural requirements had been met. The court also found that the agreement adequately protected the rights and interests of the employees. In reaching its decision, the court considered the evidence presented by the parties, including expert evidence from industrial relations specialists, and the submissions made by the Australian Manufacturing Workers' Union.

The Fair Work Commission approved the Melbourne Cement Facilities Enterprise Bargaining Agreement 2015-2018, subject to certain conditions. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the criteria for approval under the Fair Work Act. The commission also found that the agreement adequately protected the rights and interests of the employees.

Melbourne Cement Facilities and Independent Cement & Lime 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