DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel Cement Pty Ltd T/A Steel Cement
(AG2016/5212)

STEEL CEMENT (YARRAVILLE) ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the Steel Cement (Yarraville) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Steel Cement (Yarraville) Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Steel Cement Pty Ltd, trading as Steel Cement, applied for approval of the Steel Cement (Yarraville) Enterprise Agreement 2016. The applicant sought to have the agreement approved under the Fair Work Act 2009. The application arose out of a dispute between the applicant and its employees regarding the terms and conditions of employment, which were to be governed by the proposed agreement.

The central legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement contained the necessary minimum terms and conditions, was free from prohibited content, and had been made in accordance with the procedures set out in the Act. The applicant argued that the agreement was fair and reasonable, while the respondents raised concerns about certain provisions, including pay rates and working conditions.

The Commission considered the provisions of the proposed agreement, the submissions from both parties, and relevant legislative provisions. It found that the agreement contained all the minimum terms and conditions required by the Act, and that there were no prohibited provisions. The Commission also determined that the agreement had been made in a manner compliant with the procedural requirements. Based on these findings, the Commission approved the Steel Cement (Yarraville) Enterprise Agreement 2016.

The Fair Work Commission approved the Steel Cement (Yarraville) Enterprise Agreement 2016, effective from 1 April 2016. The approval was based on the determination that the agreement met all legal requirements under the Fair Work Act. This decision resolved the dispute between Steel Cement and its employees regarding the terms and conditions of employment.

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