DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Cement Limited
(AG2017/1729)

NORTHERN CEMENT (DARWIN) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 26 JUNE 2017

Application for approval of the Northern Cement (Darwin) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Northern Cement (Darwin) 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 Northern Cement Limited. The Agreement is a single 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2017. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Northern Cement Limited recently faced a legal challenge in the Fair Work Commission regarding the approval of the Northern Cement (Darwin) Enterprise Agreement 2017. The dispute arose when the Australian Manufacturing Workers' Union objected to the proposed agreement on behalf of its members, arguing that it did not adequately protect employee interests.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly in terms of ensuring that it did not adversely affect employees' general conditions of employment and that it provided for the resolution of workplace disputes. The Commission also needed to consider whether the agreement was genuinely negotiated and whether it adhered to the principles of good faith bargaining.

The Fair Work Commission, after reviewing the submissions and evidence, concluded that the Northern Cement (Darwin) Enterprise Agreement 2017 met the necessary legislative criteria. It found that the agreement had been genuinely negotiated and was in line with the principles of good faith bargaining. Additionally, the Commission determined that the agreement did not adversely affect the general conditions of employment for the employees and provided adequate mechanisms for dispute resolution. Consequently, the Commission approved the agreement, dismissing the union's objections.

The Fair Work Commission's decision to approve the Northern Cement (Darwin) Enterprise Agreement 2017 represents a significant outcome for both the employer and the employees involved, ensuring that the agreement complies with statutory requirements and maintains a balanced approach to workplace relations.

Northern Cement Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established