Cement Australia Pty Limited T/A Cement Australia

Case

[2024] FWCA 4034

19 NOVEMBER 2024


[2024] FWCA 4034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cement Australia Pty Limited T/A Cement Australia

(AG2024/4100)

CEMENT AUSTRALIA PTY LIMITED FLEET MAINTENANCE ENTERPRISE AGREEMENT 2024

Cement and concrete products

DEPUTY PRESIDENT DOBSON

BRISBANE, 19 NOVEMBER 2024

Application for approval of the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2024

  1. This decision deals with an application made for approval of an enterprise agreement known as the Cement Australia Pty Limited Fleet Maintenance Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cement Australia Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

  1. It was identified that a referencing error exists at clause 4.6(i) of the Agreement in relation to Grievance Procedures which appears to be found at clause 3.1. The Employer has provided an updated copy of the Agreement which corrects this error. I am satisfied that this issue constitutes an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

  1. On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

  1. The Agreement is approved and will operate from 26 November 2024. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE526807  PR781400>

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