DECISION

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

Northern Cement Ltd
(AG2015/4541)

NORTHERN CEMENT (MATARANKA) ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 21 AUGUST 2015

Application for approval of the Northern Cement (Mataranka) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Northern Cement (Mataranka) Enterprise Agreement 2015 (“the Agreement”). The application has been made by Northern Cement Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). 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 has been met.

[3] The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] 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 is 30 June 2018

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in Northern Cement Ltd involved the application for approval of the Northern Cement (Mataranka) Enterprise Agreement 2015. The applicant, Northern Cement Ltd, sought approval of the enterprise agreement from the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was whether the agreement met the necessary criteria for approval as stipulated by the Act. The Federal Court of Australia was the court in which the matter was heard.

The legal issues before the court included whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the court needed to consider whether the agreement adequately covered all employees and whether it included appropriate dispute resolution mechanisms. The court also had to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

In delivering the judgment, the court found that the agreement was a genuine enterprise agreement and was made in good faith. The court also concluded that the agreement complied with the relevant provisions of the Fair Work Act and adequately covered all employees. The court was satisfied that the agreement included appropriate dispute resolution mechanisms and provided for fair and reasonable terms and conditions of employment. Therefore, the court approved the Northern Cement (Mataranka) Enterprise Agreement 2015. The final orders of the court were that the agreement be approved and registered under the Fair Work Act.

Northern Cement Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established