BGC Australia Pty Ltd T/A BGC Cement

[2016] FWCA 4705

[2016] FWCA 4705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC Australia Pty Ltd T/A BGC Cement
(AG2016/3370)

BGC CEMENT ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JULY 2016

Application for approval of the BGC Cement Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BGC Cement Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BGC Australia Pty Ltd T/A BGC Cement. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 July 2016 and, in accordance with s.54, will operate from 21 July 2016. The nominal expiry date of the Agreement is 14 July 2019.

COMMISSIONER

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Annexure A