Melbourne Cement Facilities and Independent Cement & Lime Pty Ltd

[2016] FWCA 5914

[2016] FWCA 5914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Cement Facilities and Independent Cement & Lime Pty Ltd
(AG2016/4083)

MELBOURNE CEMENT FACILITIES ENTERPRISE BARGAINING AGREEMENT 2015 - 2018

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 AUGUST 2016

Application for approval of the Melbourne Cement Facilities Enterprise Bargaining Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Cement Facilities Enterprise Bargaining Agreement 2015 - 2018 (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 and Independent Cement & Lime Pty Ltd. The agreement is a multi enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

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Annexure A