DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunstate Cement Ltd
(AG2019/2523)

SUNSTATE CEMENT LTD ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT BOOTH	SYDNEY, 2 AUGUST 2019

Application for approval of the Sunstate Cement Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Cement Ltd Enterprise Agreement 2019 (Agreement). That application was made by Sunstate Cement Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, and based on the statutory declaration provided by the AWU, I note that the Agreement covers the AWU.

[3] 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] The Agreement was approved on 2 August 2019 and, in accordance with s.54 of the Act, will operate from 9 August 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunstate Cement Limited, an employer in the cement manufacturing industry, sought approval for the Sunstate Cement Ltd Enterprise Agreement 2019. The application was before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement provided for fair and equitable terms and conditions of employment, while the respondent, a union representing the employees, contended that certain provisions were unjust and did not adequately protect the employees' interests.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for an enterprise agreement as set out in the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided for the employees' minimum entitlements, ensured procedural fairness in its creation, and contained no terms that were contrary to public policy or the spirit of the Act. The Court also had to assess whether the agreement was consistent with the principles of good faith bargaining and provided for fair and reasonable terms of employment.

The Fair Work Commission found that the agreement largely met the statutory requirements. It determined that the agreement did not undermine the minimum standards of employment and included provisions for procedural fairness in its creation. The Commission also concluded that the agreement did not contain any terms that were contrary to public policy or the spirit of the Act. Furthermore, the Commission found that the agreement was the product of good faith bargaining and provided for fair and reasonable terms of employment. Consequently, the Commission approved the Sunstate Cement Ltd Enterprise Agreement 2019.

The Fair Work Commission approved the Sunstate Cement Ltd Enterprise Agreement 2019, finding that it met the necessary criteria for approval under the Fair Work Act. This decision highlights the importance of ensuring that enterprise agreements comply with the statutory requirements and provide for fair and equitable terms of employment.

Sunstate Cement Ltd

DECISION

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Background to the litigation

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Legal Principle Established