Cement Australia Holdings Pty Ltd T/A Cement Australia

[2018] FWCA 3512

[2018] FWCA 3512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Holdings Pty Ltd T/A Cement Australia
(AG2018/537)

CEMENT AUSTRALIA HOLDINGS PTY LTD RAILTON PLANT AND DEVONPORT TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2018

Application for approval of the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cement Australia Holdings Pty Ltd T/A Cement Australia. 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union 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) 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 25 June 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE428834  PR608149>

Annexure A

15 June 2018

Commissioner Lee

Fair Work Commission

Letter of Undertaking regarding AG2018/537 - Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018

Cement Australia Holdings (‘the Employer’) makes the following undertakings in regard to the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2018 (“the Agreement”):

1. Please see the attached amended Signatory Page, now including the full name of each person who has signed the Agreement.

2. The Employer undertakes that in relation to shiftworkers that the Award definitions will apply to employees of the Agreement in addition to the definition in the Agreement at Clause 22.1

3. At clause 13 of the Agreement, the Employer undertakes that the Employer will apply the relevant notice provided for under the National Employment Standard in relation to Apprentices.

Yours sincerely

Kylie Reed

Human Resource Business Partner