Northern Cement Ltd Summary

[2014] FWCA 3607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Cement Ltd
(AG2014/821)

NORTHERN CEMENT (DARWIN) ENTERPRISE AGREEMENT 2014

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 29 MAY 2014

Application to approve the Northern Cement (Darwin) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Northern Cement (Darwin) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Northern Cement Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Northern Cement Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision

[4] The Agreement does not contain flexibility terms that complies with the requirements in s. 203 of the Act, and accordingly, pursuant to s.204(4) of the Act I am required to note, and do note, that the model flexibility term is taken to be a term of the Agreement.

[5] The Agreement does not contain consultation terms that complies with the requirements in s. 205 of the Act, and accordingly, pursuant to s.205(2) of the Act I am required to note, and do note, that the model flexibility term 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 5 June 2014. The nominal expiry date of the Agreement is 1 January 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Northern Cement Ltd was a party in an application brought before the Fair Work Commission, seeking approval of the Northern Cement (Darwin) Enterprise Agreement 2014. The applicant, Northern Cement Ltd, aimed to have the agreement, which included provisions regarding wages, hours of work, and other employment conditions for its employees, recognised and enforced as a registered agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act, particularly whether it had been made in the appropriate manner and whether it contained the necessary provisions as stipulated by the Act.

The legal issues the court needed to address included whether the agreement was made in accordance with the procedural requirements outlined in the Fair Work Act, and whether it contained all the mandated minimum terms and conditions as required by the Act. Additionally, the court had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. These issues were critical in determining whether the agreement could be registered and enforced.

In its reasoning, the court examined the procedural aspects of how the agreement was made, confirming that all necessary steps were followed and that the agreement was made in good faith. The court also assessed the content of the agreement to ensure it included all required minimum terms and conditions. It was found that the agreement met all the legal criteria for approval. Consequently, the court determined that the Northern Cement (Darwin) Enterprise Agreement 2014 was valid and should be approved and registered under the Fair Work Act. The court's decision affirmed the agreement's enforceability and its compliance with the statutory requirements.

Northern Cement Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established