Cement Australia Pty Limited

[2017] FWCA 5908

[2017] FWCA 5908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited
(AG2017/3617)

CEMENT AUSTRALIA CLYDE TERMINAL OPERATORS ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Cement Australia Clyde Terminal Operators Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Clyde Terminal Operators Enterprise Agreement 2017 (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 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 Agreement lodged contained an error in Schedule 1 at page 14, beneath the heading ‘Weekly Base Rate’, at sub clause (i). On 27 October 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A