Cement Australia Pty Limited T/A Cement Australia

[2019] FWCA 7855

[2019] FWCA 7855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia
(AG2019/4061)

CEMENT AUSTRALIA PTY LIMITED TRANSPORT EMPLOYEES (VIC) ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 NOVEMBER 2019

Application for approval of the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2019.

[1] Cement Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Cement Australia Pty Limited Transport Employees (VIC) Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 November 2019 and, in accordance with s 54, will operate from 25 November 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A