DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel Cement Pty Ltd T/A Steel Cement
(AG2019/126)

STEEL CEMENT (YARRAVILLE) ENTERPRISE AGREEMENT 2019 - 2022

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Steel Cement (Yarraville) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Steel Cement (Yarraville) Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steel Cement Pty Ltd T/A Steel Cement. The Agreement is a single enterprise agreement.

[2] The Employer 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] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 16 - Annual Leave.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steel Cement Pty Ltd, trading as Steel Cement, applied for the approval of the Steel Cement (Yarraville) Enterprise Agreement 2019-2022. The application was made in the Fair Work Commission, which is tasked with the approval and registration of enterprise agreements. The dispute arose from the negotiation process and content of the agreement, which was intended to govern the terms and conditions of employment for a number of employees.

The central legal issue before the Commission was whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. This involved scrutinising the process by which the agreement was negotiated, including whether there was genuine agreement and if the agreement met the requirements for "better off overall" and "no disadvantage" tests. Additionally, the Commission examined whether the agreement contained permissible terms and conditions and whether it complied with the Fair Work Regulations.

The Commission found that the agreement had been made in accordance with the statutory requirements. It determined that the negotiation process was valid and that the agreement represented a genuine bargain between the employer and the employees. The Commission also found that the terms of the agreement were not detrimental to the employees and that it met the "better off overall" and "no disadvantage" tests. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Steel Cement (Yarraville) Enterprise Agreement 2019-2022 and ordered its registration. This decision confirmed the validity of the agreement and set the terms and conditions of employment for the employees covered by the agreement for the period specified.

Steel Cement Pty Ltd T/A Steel Cement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established