Adelaide Brighton Cement Ltd

[2014] FWCA 8173

[2014] FWCA 8173

FAIR WORK COMMISSION

DECISION

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

Adelaide Brighton Cement Ltd
(AG2014/8027)

ADELAIDE BRIGHTON CEMENT BIRKENHEAD WORKS ENTERPRISE AGREEMENT 2014

Cement and concrete products
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 NOVEMBER 2014

Application for approval of the Adelaide Brighton Cement Birkenhead Works Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Brighton Cement Birkenhead Works 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 Adelaide Brighton Cement Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“Pursuant to s.194(h) of the Fair Work Act the company undertakes to the Fair Work Commission that the agreement will be read and applied as”

Clause 3.3 The Adelaide Brighton Group Superannuation Fund is a default fund which offers a MySuper product.”

As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 14 October 2017.

SENIOR DEPUTY PRESIDENT

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