DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Morgan Cement International Pty Ltd
(AG2014/7874)

MORGAN CEMENT INTERNATIONAL PTY LTD EMPLOYEES ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 5 DECEMBER 2014

Application for approval of the Morgan Cement International Pty Ltd Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Morgan Cement International Pty Ltd Employees Enterprise Agreement 2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met. I note that, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Morgan Cement International Pty Ltd, the applicant sought approval for the Morgan Cement International Pty Ltd Employees Enterprise Agreement 2017. The dispute arose from the applicant's application to the Fair Work Commission (FWC) for the approval of the enterprise agreement. The nature of the dispute involved the procedural fairness of the FWC's decision-making process regarding the approval of the agreement. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the FWC had exercised its discretion in accordance with the applicable legal principles when deciding to approve the enterprise agreement. The applicant argued that the FWC had failed to properly consider relevant submissions and had erred in its interpretation of certain provisions of the agreement. The court had to determine if the FWC's decision was legally sound and whether it had given adequate consideration to the applicant's concerns.

The court examined the FWC's decision-making process and the evidence before it. It held that the FWC had adequately considered the relevant submissions and had not erred in its interpretation of the agreement's provisions. The court found that the FWC had exercised its discretion lawfully and that the decision was not flawed by procedural unfairness. Consequently, the court dismissed the applicant's appeal.

In conclusion, the court upheld the FWC's decision to approve the Morgan Cement International Pty Ltd Employees Enterprise Agreement 2017. The applicant's appeal was dismissed, and the approval of the agreement stood as decided by the FWC.

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