Northern Cement Ltd

[2014] FWCA 3607

[2014] FWCA 3607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Cement Ltd
(AG2014/821)

NORTHERN CEMENT (DARWIN) ENTERPRISE AGREEMENT 2014

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 29 MAY 2014

Application to approve the Northern Cement (Darwin) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Northern Cement (Darwin) Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Northern Cement Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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 an undertaking from Northern Cement Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision

[4] The Agreement does not contain flexibility terms that complies with the requirements in s. 203 of the Act, and accordingly, pursuant to s.204(4) of the Act I am required to note, and do note, that the model flexibility term is taken to be a term of the Agreement.

[5] The Agreement does not contain consultation terms that complies with the requirements in s. 205 of the Act, and accordingly, pursuant to s.205(2) of the Act I am required to note, and do note, that the model flexibility term 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 5 June 2014. The nominal expiry date of the Agreement is 1 January 2017.

VICE PRESIDENT

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