Cement Australia Pty Limited T/A Cement Australia

[2019] FWCA 6549

[2019] FWCA 6549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia
(AG2019/3291)

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

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Pty Limited Transport Employees (NSW) Enterprise Agreement 2019 (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 T/A Cement Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 9.3 and 9.12 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.6(b) 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.

[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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 September 2019 and, in accordance with s.54, will operate from 26 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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