DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Cornwall Coal Company Pty Limited T/A Cement Australia
(AG2019/3296)

CEMENT AUSTRALIA CORNWALL COAL ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 19 SEPTEMBER 2019

Application for approval of the Cement Australia Cornwall Coal Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Cornwall Coal Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Cornwall Coal Company Pty Limited T/A Cement Australia. 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 Construction, Forestry, Maritime, Mining and Energy 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 is approved and, in accordance with s.54 of the Act, will operate from 26 September 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Cornwall Coal Company Pty Limited, trading as Cement Australia, applied for approval of the Cement Australia Cornwall Coal Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The primary dispute centred around whether the proposed enterprise agreement complied with the necessary legislative requirements and provisions of the Fair Work Act 2009. The Commission was required to determine whether the agreement was made in good faith and whether it provided for the proper operation of the enterprise.

The key legal issues before the Commission involved scrutinising the terms of the enterprise agreement to ensure they aligned with the statutory framework. This included assessing whether the agreement covered all mandatory topics, provided for minimum pay rates and conditions, and whether the agreement was made in good faith. The Commission also examined whether the agreement facilitated the proper operation of the enterprise and whether it met the criteria set out in the Fair Work Act.

The Commission concluded that the enterprise agreement was made in good faith and met all the legislative requirements. It was determined that the agreement covered all mandatory topics, provided for the minimum standards of pay and conditions, and facilitated the proper operation of the enterprise. Given these findings, the Commission approved the agreement, recognising its compliance with the statutory provisions. The decision ensured that the agreement would serve as a binding contract between the employer and the employees, providing clarity and certainty in their employment relationship.

The Fair Work Commission approved the Cement Australia Cornwall Coal Enterprise Agreement 2018, confirming its compliance with the Fair Work Act. This decision provided a legally binding framework for the employment relationship between the employer and the employees, ensuring adherence to the statutory requirements and facilitating the proper operation of the enterprise.

The Cornwall Coal Company Pty Limited T/A Cement Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established