Cement Australia Pty Limited

[2019] FWCA 408

[2019] FWCA 408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2018/6689)

CEMENT AUSTRALIA PACKAGED PRODUCTS WEST FOOTSCRAY ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

Application for approval of the Cement Australia Packaged Products West Footscray Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Packaged Products West Footscray 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 Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.3 – personal/carer’s leave; and

•  Clause 3.3(d) – casual employment

However, noting clause 1.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

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Annexure A