CEMENT AUSTRALIA TOWNSVILLE TERMINAL OPERATORS ENTERPRISE AGREEMENT 2025

Application for approval of the Cement Australia Townsville Terminal Operators Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Cement Australia Townsville Terminal Operators Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cement Australia Pty Limited trading as Cement Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Cement, Lime and Quarrying Award 2020 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 18 February 2026. The nominal expiry date of the Agreement is 31 October 2029.

Printed by authority of the Commonwealth Government Printer

Article I. Section 185 - Application for approval of a single enterprise agreement

I, Renata Plonka, Senior HR Business Partner, have the authority given to me by Cement Australia to give the following undertakings with respect to the Cement Australia Townsvil/e Terminal Operators Enterprise Agreement 2025 ("the Agreement"):

1. Definition of shiftworker for the purposes of the NES

For the purposes of the National Employment Standards (NES), including the entitlement to additional one week of annual leave, an employee will be regarded as a shiftworker if they are regularly rostered to work on Sunday's and public holidays.

Nothwithstanding clause 4.6 c), the parties acknowledge representation throughout the entire dispute process.

1. A casual must be paid a minimum of three hours each day they are employed. 2. A casual will be paid an hourly base rate as set out in Schedule 1 for Terminal Operators and Schedule 2 for Plant Operators plus the relevant applicable loading: 1. 25% on ordinary hours

1. 175% for overtime Monday to Saturday first 2 hours

1. 225% for overtime Monday to Saturday after 2 hours
2. 225% for overtime Sunday all hours
   1. 225% for overtime any hours if a continuous shiftworker
3. 140% for afternoon or night shift
4. 155% for permanent night shift
5. 275% for public holiday shifts
6. Overtime for a casual employees will apply in excess of 10 ordinary hours per day or in excess of 38 hours per week.

1. Part time employees
   1. The agreed regular pattern of work for a part time employee may only be changed by an agreement in writing between the employer and the employee before the change occurs and any variations to be retained by the employer and provision of a copy to the employee.

1. A part time employee will be engaged for a minimum of three consecutive hours on any shift.

1. Part time employees are entitled to overtime when working in excess of their agreed daily

All work undertaken by the Plant Operator on a Saturday or Sunday will be paid at the applicable overtime rates set out in clause 5.4 b).

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.