Cement Australia Pty Limited T/A Cement Australia

[2024] FWCA 2660

[2024] FWCA 2660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cement Australia Pty Limited T/A Cement Australia

(AG2024/2354)

CEMENT AUSTRALIA PTY LTD (PACKAGED PRODUCTS) CLYDE NSW ENTERPRISE AGREEMENT 2024

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 JULY 2024

Application for approval of the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2024

[1]      An application has been made for approval of an enterprise agreement to be known as the Cement Australia Pty Ltd (Packaged Products) Clyde NSW Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cement Australia Pty Limited T/A Cement Australia (Employer). The Agreement is a single enterprise agreement.

Undertakings

[2]      The Employer has provided written undertakings dated 10 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Cement, Lime and Quarrying Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Signature Page

[3]      It was noted that the signature page in the copy of the Agreement which accompanied this application did not comply with Regulation 2.06A of the Fair Work Regulations 2009 and provide an explanation of the authority of the employee representative. An Amended signature page was provided to satisfy this requirement and replaces the signature page originally filed.

Conclusion

[4]      Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

[5]      I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6]      The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2024. The nominal expiry date of the Agreement is 31 March 2027.

DEPUTY PRESIDENT

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