Sunstate Cement Ltd

[2014] FWCA 7662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sunstate Cement Ltd
(AG2014/9525)

SUNSTATE CEMENT LTD ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 30 OCTOBER 2014

Application for approval of the Sunstate Cement Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Sunstate Cement Ltd Enterprise Agreement 2014 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union Queensland Branch (the Union) have given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Sunstate Cement Ltd, the Fair Work Commission was called upon to assess the application for the approval of the Enterprise Agreement 2014. The agreement in question had been negotiated between Sunstate Cement Ltd and its employees' representatives, aiming to establish the terms and conditions of employment for the workers. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable for all parties involved.

The primary legal issues before the court involved determining whether the Enterprise Agreement 2014 complied with the mandatory provisions of the Fair Work Act, including provisions relating to minimum wages, penalty rates, and other employment standards. Additionally, the court needed to assess if the agreement was genuinely negotiated and whether it contained adequate processes for resolving disputes between the employer and employees.

The Fair Work Commission evaluated the agreement, considering the statutory requirements and the principles of good faith bargaining. The Commission concluded that the agreement was fairly negotiated and met all statutory obligations. It was found to be comprehensive, covering all necessary aspects of employment conditions and ensuring that employees were treated fairly and justly. Furthermore, the Commission was satisfied that the agreement provided sufficient mechanisms for resolving disputes, aligning with the objectives of the Fair Work Act to promote harmonious workplace relations.

Consequently, the Fair Work Commission approved the Sunstate Cement Ltd Enterprise Agreement 2014, deeming it compliant with the legal standards and appropriate for the parties involved. The decision underscores the importance of ensuring that enterprise agreements are fair, reasonable, and negotiated in good faith, reflecting the legislative intent to protect the rights and interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established