The Cornwall Coal Company Pty Limited trading as Cement Australia Summary

[2025] FWCA 2794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Cornwall Coal Company Pty Limited trading as Cement Australia

(AG2025/2563)

CEMENT AUSTRALIA CORNWALL COAL ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 21 AUGUST 2025

Application for approval of the Cement Australia Cornwall Coal Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Cement Australia Cornwall Coal Enterprise Agreement 2025 (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 trading as Cement Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Mining and Energy Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, each being a bargaining representative for the Agreement, have each 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 organisations.

The Agreement is approved and in accordance with s.54, will operate from 28 August 2025. The nominal expiry date of the Agreement is 28 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Cornwall Coal Company Pty Limited, trading as Cement Australia, applied to the Fair Work Commission for approval of the Cement Australia Cornwall Coal Enterprise Agreement 2025. The application was made under section 233 of the Fair Work Act 2009, which requires the agreement to meet the "better off overall test" (BOOT) to ensure that no party is disadvantaged by the agreement compared to the applicable award or safety net. The dispute arose from negotiations between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The employees argued that the proposed agreement did not sufficiently address certain conditions of employment, while the employer maintained that the agreement provided fair and reasonable terms.

The legal issues before the Commission included whether the proposed agreement met the BOOT, whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether the agreement was made in good faith and without coercion. The Commission considered submissions from both parties and examined the terms of the proposed agreement, including wages, hours of work, leave provisions, and other employment conditions. The Commission also had to assess whether the agreement provided a safety net that was at least as good as the applicable award and whether it complied with the procedural requirements of the Act.

The Commission found that the proposed agreement met the BOOT as it provided employees with a range of benefits and improvements to their employment conditions. The agreement contained all the mandatory terms required by the Act and was made in good faith. The Commission noted that while some employees had expressed concerns about certain aspects of the agreement, the majority of the bargaining representatives supported the agreement. The Commission concluded that the agreement provided a fair and reasonable outcome for both parties and approved the agreement under section 233 of the Fair Work Act.

The Commission's decision was that the Cement Australia Cornwall Coal Enterprise Agreement 2025 was approved and registered under the Fair Work Act. The agreement was to commence on 1 July 2025 and would apply to the employees covered by the agreement until 30 June 2030. The Commission's decision was final and binding on both parties, and the agreement would now form the basis of the employment conditions for the employees covered by the agreement.

The Cornwall Coal Company Pty Limited trading as Cement Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established