Cement Australia Pty Limited

[2021] FWCA 2924

[2021] FWCA 2924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cement Australia Pty Limited
(AG2021/4946)

CEMENT AUSTRALIA PTY LTD (PACKAGED PRODUCTS) CLYDE NSW ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 20 MAY 2021

Application for approval of the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2021.

[1] Cement Australia Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings. On 18 May 2021 the employee bargaining representative wrote to my chambers advising they had reviewed the undertakings and confirmed in their view they were “correct.”

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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Annexure A: