Coal Company Pty Limited T/A Cement Australia

[2022] FWCA 4398

[2022] FWCA 4398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Coal Company Pty Limited T/A Cement Australia

(AG2022/4962)

Cement Australia Cornwall Coal Enterprise Agreement 2021

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Cement Australia Cornwall Coal Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Cement Australia Cornwall Coal Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coal Company Pty Limited T/A Cement Australia. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings 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.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and Construction, Forestry, Maritime, Mining and Energy Union, being 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 the organisations.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 17.1 – Public Holidays

·   Clause 17.2(b) – Public Holidays

·   Clause 18.11(a) – Annual Leave

·   Clause 20 – Compassionate Leave

·   Clause 28.6 – Redundancy

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2022. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

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Annexure A