Sunstate Cement Ltd

[2022] FWCA 2680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sunstate Cement Ltd

(AG2022/3183)

Sunstate Cement Ltd Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT MOLTONI	BRISBANE, 8 AUGUST 2022

Application for approval of the Sunstate Cement Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Sunstate Cement Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunstate Cement Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunstate Cement Ltd, an employer, applied for approval of the Sunstate Cement Ltd Enterprise Agreement 2022, which was entered into between the employer and its employees. The Fair Work Commission was the tribunal tasked with assessing the application for approval of the agreement. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was made in accordance with the Fair Work Act 2009.

The key legal issues before the tribunal were whether the agreement had been made in a manner compliant with the requirements of section 230 of the Fair Work Act, and whether the agreement contained the necessary provisions to be considered a "low paid" enterprise agreement under section 178 of the Act. The tribunal needed to determine if the agreement was made free from any improper conduct, coercion, or undue influence, and if it contained appropriate terms and conditions that were fair and reasonable.

The tribunal found that the agreement was made in a manner compliant with the legislative requirements, as it was not made under any duress or undue influence. The tribunal also determined that the agreement contained the necessary provisions to be considered a "low paid" enterprise agreement, as it provided for a minimum rate of pay and other terms and conditions that were fair and reasonable. The tribunal approved the agreement, finding that it met the legislative requirements and was made in good faith.

The tribunal approved the Sunstate Cement Ltd Enterprise Agreement 2022, and the agreement will now be registered with the Fair Work Commission. The agreement will apply to the employer's employees and will remain in effect until it is terminated or replaced by a new agreement. The tribunal's decision provides clarity on the requirements for approving enterprise agreements and ensures that the rights and interests of both employers and employees are protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established