Adelaide Brighton Cement Ltd T/A Adelaide Brighton Cement
[2022] FWCA 2991
•30 AUGUST 2022
| [2022] FWCA 2991 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Adelaide Brighton Cement Ltd T/A Adelaide Brighton Cement
(AG2022/3095)
ADELAIDE BRIGHTON CEMENT BIRKENHEAD WORKS ENTERPRISE AGREEMENT 2022
| Cement and concrete products | |
| COMMISSIONER P RYAN | SYDNEY, 30 AUGUST 2022 |
Application for approval of the Adelaide Brighton Cement Birkenhead Works Enterprise Agreement (EA) 2022
Adelaide Brighton Cement Limited (the Employer) has made an application for approval of an enterprise agreement known the Adelaide Brighton Cement Birkenhead Works Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
National Employment Standards
I observe that clause 31 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting the NES Precedence Clause which has been provided as an undertaking and is taken to be a term of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining representative
The Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative 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 the AWU, the AMWU, and the CEPU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 31 December 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE517234 PR745293>
0
0
0