Cement Australia Pty Limited T/A Cement Australia
[2023] FWCA 1025
•11 APRIL 2023
| [2023] FWCA 1025 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cement Australia Pty Limited T/A Cement Australia
(AG2023/818)
CEMENT AUSTRALIA TRANSPORT WORKERS (SOUTH EAST QUEENSLAND) ENTERPRISE AGREEMENT 2022
| Cement and concrete products | |
| COMMISSIONER SIMPSON | BRISBANE, 11 APRIL 2023 |
Application for approval of the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Cement Australia Transport Workers (South East Queensland) Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
Noting clause 1.5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Transport Workers’ Union of Australia (TWU) raised concerns regarding the Better Off Overall Test (BOOT). I have considered these submissions but have determined that given the high rates of pay, the TWU concerns do not appear to be BOOT concerns.
The TWU 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 that the Agreement covers the TWU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE519689 PR760949>
0
0