DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunstate Cement Ltd
(AG2016/4218)

SUNSTATE CEMENT LTD ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Sunstate Cement Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sunstate Cement Ltd 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 Sunstate Cement Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 September 2016 and, in accordance with s.54, will operate from 19 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sunstate Cement Ltd, which sought approval for its Enterprise Agreement 2016. The Fair Work Commission (FWC) was asked to determine whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The dispute arose from a disagreement about the conditions of employment, including wages, hours of work, and other terms and conditions, between Sunstate Cement Ltd and its employees.

The primary legal issues before the FWC were whether the Enterprise Agreement 2016 complied with the provisions of the Fair Work Act and whether the agreement was made in good faith and without coercion. The FWC had to consider whether the agreement met the mandatory criteria, such as the "better off overall test," and whether it provided for fair and reasonable terms and conditions of employment.

The FWC examined the submissions from both parties and the evidence provided. The Commission found that the Enterprise Agreement 2016 was made in good faith, without coercion, and satisfied the "better off overall test." The FWC also noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. Consequently, the FWC approved the Enterprise Agreement 2016.

The FWC approved the Sunstate Cement Ltd Enterprise Agreement 2016, finding it to be compliant with the Fair Work Act and made in good faith without coercion. The agreement satisfied the mandatory criteria, including the "better off overall test," and provided for fair and reasonable terms and conditions of employment.

Sunstate Cement Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established