DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Morgan Cement International Pty Ltd
(AG2021/6032)

MORGAN CEMENT INTERNATIONAL PTY LTD EMPLOYEES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 15 JULY 2021

Application for approval of the Morgan Cement International Pty Ltd Employees Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Morgan Cement International Pty Ltd Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morgan Cement International Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Morgan Cement International Pty Ltd, the applicant, and the Australian Building and Construction Commission, the respondent, the Federal Court was asked to approve the Morgan Cement International Pty Ltd Employees Enterprise Agreement 2021. The applicant sought to have the enterprise agreement certified as meeting the requirements of the Fair Work Act 2009. The Australian Building and Construction Commission opposed the application, raising concerns that the agreement did not sufficiently protect the rights of employees under the Act.

The central legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to minimum entitlements such as wages, hours of work, and leave provisions. The Court was required to determine if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the rights of both employers and employees. Additionally, the Court needed to consider whether the agreement was genuinely negotiated and if it provided for a streamlined industrial relations environment.

In delivering its judgment, the Court noted that while the enterprise agreement contained provisions that were generally in line with the Fair Work Act, there were certain aspects that required clarification or amendment. The Court found that certain clauses were ambiguous and did not clearly define the entitlements of employees, potentially leading to disputes in the future. After reviewing submissions from both parties, the Court made several orders to amend the agreement to ensure clarity and compliance with the Fair Work Act. The Court also directed that the parties re-enter into genuine negotiations to finalise the agreement.

The Court ultimately approved the enterprise agreement with the specified amendments and directed that the amended agreement be resubmitted for approval. The Court emphasised the importance of clear and fair terms in enterprise agreements, which are essential for maintaining a harmonious and productive industrial relations environment.

Morgan Cement International 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