Melbourne Cement Facilities

[2020] FWCA 2595

[2020] FWCA 2595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cement Facilities
(AG2020/1044)

MELBOURNE CEMENT FACILITIES ENTERPRISE BARGAINING AGREEMENT 2019 – 2022

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 19 MAY 2020

Application for approval of the Melbourne Cement Facilities Enterprise Bargaining Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Cement Facilities Enterprise Bargaining Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Cement Facilities. The Agreement is a single enterprise agreement.

[2] 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.

[3] The notification of vote provided to employees did not specify the method of voting. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2). Having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Form F18 Statutory Declaration filed by the Australian Workers’ Union on 9 April 2020 was not physically signed in the presence of an authorised witness as required by the Fair Work Commission Rules 2013. I am satisfied that it is appropriate to dispense with the requirement for the statutory declaration to be signed in the presence of an authorised witness pursuant to Rule 6 of the Fair Work Commission Rules 2013.

[7] The Australian Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508071  PR719447>

Annexure A