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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Cement Australia Holdings Pty Ltd CEMENT AUSTRALIA HOLDINGS PTY LTD RAILTON PLANT AND DEVONPORT TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2003
Industrial Agreement - agreement approved - operative ffpp 31 March 2003 - to remain in force until 31 March 2005 - forwarded to the Acting Registrar for registration REASONS FOR DECISION [1] This application was lodged, pursuant to s.55 of the Industrial Relations Act 1984, by the Tasmanian Chamber of Commerce and Industry Limited on behalf of as agent for its member Cement Australia Holdings Pty Ltd, the Australian Municipal, Administrative, Clerical and Services Union, the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers' Union, Tasmania Branch, the Construction, Forestry, Mining and Energy Union, Tasmanian Branch and The Transport Workers' Union of Australia (Victorian/Tasmanian Branch), for the purpose of filing an industrial agreement with the Commission. [2] On 10 September 2003, the Commission convened a hearing at Commonwealth Law Courts, 39-41 Davey Street, Hobart, Tasmania, before myself, to commence on Monday, 6 October 2003 at 2.15 pm. [3] The agreement, to be known as the Cement Australia Holdings Pty Ltd Railton Plant And Devonport Terminal Operations Enterprise Agreement 2003, is to be operative from the first full pay period to commence on or after 31 March 2003 (notwithstanding the precise verbiage contained in the agreement) and it is to remain in force until 31 March 2005. [4] The agreement is established in respect of all non-staff employees at the enterprise of Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal, who are engaged in or incidental to the production, storage and distribution of cement. [5] Mr R Flanagan for The Australian Workers' Union, Tasmania Branch, and Mr Kolka, for Cement Australia Holdings Pty Ltd, placed on record the precise changes the parties have made to the expired agreement, which was previously approved by the Commission. [6] Mr Baker, for the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and Mr P Mazengarb, from the Tasmanian Chamber of Commerce and Industry Limited, for Cement Australia Holdings Pty Ltd also presented submissions in support of the application. [7] Having considered the submission of the parties, I am satisfied the agreement should be approved as it is consistent with the public interest requirements of the Act, and I decide accordingly. [8] The file will now be referred to the Acting Registrar in accordance with the requirements of s.56(1) of the Act.
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