Steel Cement Pty Ltd

Case

[2022] FWCA 2094

27 JUNE 2022


[2022] FWCA 2094

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steel Cement Pty Ltd

(AG2022/1984)

Steel Cement (Yarraville) Enterprise Agreement 2022- 2025

Cement and concrete products

COMMISSIONER CIRKOVIC

MELBOURNE, 27 JUNE 2022

Application for approval of the Steel Cement (Yarraville) Enterprise Agreement 2022 - 2025

  1. An application has been made for approval of an enterprise agreement known as the Steel Cement (Yarraville) Enterprise Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steel Cement Pty Ltd. The Agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 24 June 2022.

  1. On 24 June 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

  1. Clause 15 relating to redundancy and clause 16 relating to annual leave may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 5 of the Agreement is deemed sufficient to resolve these NES concerns.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

  1. The Agreement was approved on 27 June 2022 and, in accordance with s.54, will operate from 4 July 2022. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

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