TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.55 application for filing of an industrial agreement

Cement Australia Holdings Pty Ltd
The Australian Workers' Union, Tasmania Branch
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Australian Municipal, Administrative, Clerical and Services Union
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Construction, Forestry, Mining and Energy Union, Tasmanian Branch
(T12359 of 2005)

CEMENT AUSTRALIA HOLDINGS PTY LTD RAILTON PLANT AND DEVONPORT TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2005

Industrial Agreement - agreement approved - operative ffpp 1 April 2005 until 31 March 2008 - forwarded to the Registrar for registration

REASONS FOR DECISION

[1] This application, lodged pursuant to s.55 of the Industrial Relations Act 1984 by the Australian Workers' Union, Tasmania Branch, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Municipal, Administrative, Clerical and Services Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Construction, Forestry, Mining and Energy Union, Tasmanian Branch, (the unions), and Cement Australia Holdings Pty Ltd (the employer), was for the purpose of filing an industrial agreement with the Commission.

[2] A hearing commenced at the Commonwealth Law Courts, 39-41 Davey Street, Hobart on 11 November 2005.

[3] The agreement, to be known as the Cement Australia Holdings Pty Ltd Railton Plant and Devonport Terminal Operations Enterprise Agreement 2005, is to be operative from the first full pay period on or after 1 April 2005 and it is to remain in force until 31 March 2008.

[4] The agreement applies to 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] Oral submissions were presented by Mr R Flanagan of the Australian Workers' Union, Tasmania Branch, Ms A Urquhardt of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and Mr M Watson of the Tasmanian Chamber of Commerce and Industry Limited.

[6] Having considered those submissions, I am satisfied the agreement does not offend s.36 of the Act or the Wage Fixing Principles and I approve the agreement.

[7] The file will now be referred to the Registrar in accordance with the requirements of s.56(1) of the Act.

J P McAlpine
COMMISSIONER

Appearances:
Ms A Urquhardt for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union
Mr R Flanagan for The Australian Workers' Union, Tasmania Branch
Mr M Watson of the Tasmanian Chamber of Commerce and Industry Limited on behalf of the employer

Date and place of hearing:
2005
November 11
Hobart