DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Holcim (Australia) Pty Limited
(AG2016/5444)

APPLICATION BY HOLCIM (AUSTRALIA) PTY LIMITED

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 6 OCTOBER 2016

Application for approval of the Holcim (Australia) Pty Ltd S.E.Q. Concrete Transport Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd S.E.Q Concrete Transport Agreement 2016-2019 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holcim (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Written undertakings, relating to the definition of shiftworker for the purposes of the National Employment Standards, the default superannuation fund and redundancy pay, have been provided by the employer and are attached to the Agreement. The undertakings have been signed by the employer. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] There are no bargaining representatives for the Agreement.

[4] The model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, 13 October 2016. The nominal expiry date of the Agreement is 13 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Limited sought approval of the Holcim (Australia) Pty Ltd S.E.Q. Concrete Transport Agreement 2016 - 2019 from the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009, seeking an order that the agreement be approved as a safety net agreement. The applicant argued that the agreement would ensure the continued operation of the concrete transport industry in South East Queensland, providing job security and maintaining industry standards.

The primary issue before the Commission was whether the agreement met the criteria for approval under section 233 of the Act. This included whether the agreement provided for a safety net of minimum wages and conditions, and whether the agreement would have the effect of facilitating the efficient operation of the industry. The Commission also needed to consider whether the agreement would have the effect of facilitating the efficient operation of the industry, and whether it was in the public interest.

In assessing the application, the Commission considered the evidence provided by the parties and the broader context of the concrete transport industry in South East Queensland. The Commission found that the agreement met the criteria for approval, as it provided for a safety net of minimum wages and conditions and would facilitate the efficient operation of the industry. The Commission also considered the public interest in maintaining the operation of the industry and ensuring job security for workers. The Commission was satisfied that the agreement was in the public interest and approved the application.

The Fair Work Commission approved the Holcim (Australia) Pty Ltd S.E.Q. Concrete Transport Agreement 2016 - 2019 as a safety net agreement under section 233 of the Fair Work Act 2009. The approval order was made on the basis that the agreement met the criteria for approval, provided for a safety net of minimum wages and conditions, and would facilitate the efficient operation of the industry. The order also noted that the agreement was in the public interest and would help to maintain the operation of the concrete transport industry in South East Queensland.

Holcim (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established