Adelaide Brighton Cement Ltd T/A Adelaide Brighton Cement

[2020] FWCA 1211

[2020] FWCA 1211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Brighton Cement Ltd T/A Adelaide Brighton Cement
(AG2020/354)

NORTHERN CEMENT (DARWIN) ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER PLATT	ADELAIDE, 5 MARCH 2020

Application for approval of the Northern Cement (Darwin) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Northern Cement (Darwin) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adelaide Brighton Cement Ltd T/A Adelaide Brighton Cement (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 February 2020.

[3] On 26 February 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 5 March 2020. The undertaking deals with the following topics:

•  The default superannuation fund is the Adelaide Brighton Group Superannuation Fund which is part of the Mercer Super Trust and is a My Super product.

•  In relation to clause 3.2D any deduction for a failure to provide notice will only be in respect of notice not provided and will not exceed one week.

•  Clause 5.2 (Public Holidays) will not operate in a manner inconsistent with s.114 of the Act.

•  Clause 5.3C (Long Service Leave) will not operate in respect of employees subject to the Long Service Leave Act 1981 (NT).

•  Clause 5.4C (Personal Leave) will not operate in a manner inconsistent with the National Employment Standards.

•  In relation to Attachment B, the Applicant will not engage persons in the classification Dayshift Production Operator.

•  Clause 3.1 (Settlement of Disputes) also applies to any matter arising under the Agreement.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 January 2022.

COMMISSIONER

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