Cement Australia (Queensland) Pty Ltd T/A Cement Australia

[2020] FWCA 6055

[2020] FWCA 6055

FAIR WORK COMMISSION

DECISION

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

Cement Australia (Queensland) Pty Ltd T/A Cement Australia
(AG2020/3197)

CEMENT AUSTRALIA GLADSTONE UNION COLLECTIVE AGREEMENT 2020

Cement and concrete products
COMMISSIONER SPENCER	BRISBANE, 16 NOVEMBER 2020

Application for approval of the Cement Australia Gladstone Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the the Cement Australia Gladstone Union Collective Agreement 2020 (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 (Queensland) Pty Ltd T/A Cement Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] A number of matters were identified, and responses and undertakings sought from the Employer. The Applicant provided an undertaking on 11 November 2020. The views of the Australian Workers’ Union (the AWU); the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) (being bargaining representatives for the Agreement) were sought regarding the undertakings. The AWU, AMWU, and CEPU advised my Chambers that they did not object to the undertakings and supported the Agreement being determined based on the material before the Commission.

[3]   I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

● Clause 6.2 – Annual leave;

● Clause 6.3 – Personal/carer’s leave;

● Clause 6.1.4 – Public holidays; and

● Clause 10.2.2 – Redundancy.

[4] However, noting the NES precedence undertaking provided in relation to the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] 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 and as Annexure A to this Decision.

[7] The AWU, AMWU, and CEPU 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 the AWU, AMWU, and CEPU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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Annexure A.