Cement Australia Pty Ltd T/A Cement Australia

[2019] FWCA 7595

[2019] FWCA 7595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cement Australia Pty Ltd T/A Cement Australia
(AG2019/3983)

CEMENT AUSTRALIA GLADSTONE UNION COLLECTIVE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 4 NOVEMBER 2019

Application for approval of the Cement Australia Gladstone Union Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Gladstone Union Collective 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 Ltd T/A Cement Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Workers’ Union (AWU), the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2019. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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