Cement Australia Pty Ltd

[2021] FWCA 5953

[2021] FWCA 5953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cement Australia Pty Ltd
(AG2021/7416)

CEMENT AUSTRALIA PTY LTD PACKAGED PRODUCTS OPERATORS GEELONG (VIC) ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER O’NEILL	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the Cement Australia Pty Ltd Packaged Products Operators Geelong (Vic) Enterprise Agreement 2021

[1] Cement Australia Pty Ltd has applied for approval of an enterprise agreement known as the Cement Australia Pty Ltd Packaged Products Operators Geelong (Vic) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that 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, 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] I observe that clause 7.1.3 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A