Broadway & Frame Premix Concrete Pty Ltd T/A Holcim Australia Pty Ltd

[2020] FWCA 6863

[2020] FWCA 6863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Broadway & Frame Premix Concrete Pty Ltd T/A Holcim Australia Pty Ltd
(AG2020/3786)

BROADWAY & FRAME & AWU CONCRETE PRODUCTION AGREEMENT 2016-2019

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 21 DECEMBER 2020

Application for termination of the Broadway & Frame & AWU Concrete Production Agreement 2016-2019.

[1] Broadway & Frame Premix Concrete Pty Ltd T/A Holcim Australia Pty Ltd (Applicant) has made an application for the Fair Work Commission (Commission) to terminate the Broadway & Frame & AWU Concrete Production Agreement 2016-2019 (Agreement) pursuant to s.225 of the Fair Work Act 2009 (FW Act). The application was made on 9 December 2020. The Agreement expired on 18 August 2019.

[2] The Form F24C – Statutory declaration (the declaration) lodged with the application confirms that the reason the Applicant seeks for the Agreement to be terminated is that the Agreement has passed its nominal expiry date and that Broadway & Frame Premix Concrete Pty Ltd T/A Holcim Australia Pty Ltd no longer employs employees under this company. The Form F23 further states that no employees are covered by the Agreement and that all new production employees will be engaged under the Melbourne Concrete Agreement 2019.

[3] The Agreement, whilst in operation, covered employees who performed work in the construction industry, specifically in relation to the supply of concrete and quarry materials/products in Victoria.

[4] On 10 December 2020, my chambers wrote to the Australian Workers’ Union (AWU) and invited them to provide the views regarding the application. On 15 December 2020, the AWU notified my chambers in writing that the union has no objection to the application.

[5] I am satisfied that on assessment of the materials filed in the Commission, the termination of the Agreement is not contrary to the objects of the Act.

[6] Having regard to the fact that the Agreement has passed its nominal expiry date and that there are no longer any employees who are covered by the Agreement, I consider it appropriate to terminate the Agreement.

[7] I have considered the public interest, the materials lodged in support of the application, the views of the employer and the AWU, the circumstances of those affected by the termination of the Agreement, that the Agreement has passed its nominal expiry date and that there are no employees covered by the Agreement.

[8] Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will operate from 21 December 2020.

COMMISSIONER

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