Steel Cement Pty Ltd T/A Steel Cement

[2019] FWCA 850

[2019] FWCA 850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steel Cement Pty Ltd T/A Steel Cement
(AG2019/126)

STEEL CEMENT (YARRAVILLE) ENTERPRISE AGREEMENT 2019 - 2022

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Steel Cement (Yarraville) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Steel Cement (Yarraville) Enterprise 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 Steel Cement Pty Ltd T/A Steel Cement. 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.

[3] 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.

[4] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 16 - Annual Leave.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501730  PR704800>

Annexure A