Adelaide Brighton Cement Ltd

[2015] FWCA 1895

[2015] FWCA 1895

FAIR WORK COMMISSION

DECISION

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

Adelaide Brighton Cement Ltd
(AG2015/427)

ADELAIDE BRIGHTON CEMENT LTD ACCOLADE II/MUA ENTERPRISE AGREEMENT 2014

Maritime industry
COMMISSIONER HAMPTON	ADELAIDE, 20 MARCH 2015

Application for approval of the Adelaide Brighton Cement Ltd Accolade II/MUA Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Brighton Cement Ltd Accolade II/MUA Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adelaide Brighton Cement Ltd. 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 as are relevant to this application for approval have been met.

[3] In so finding, I note that whilst the NES provisions are not expressly included in the Agreement they will continue to operate by virtue of the not-inconsistent provisions of the Award (clause 7) and the operation of the NES under the Act.

[4] The Maritime Union of Australia, 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 I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2015. The nominal expiry date of the Agreement is 30 June 2016.

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