DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2016/2856)

HOLCIM (AUSTRALIA) PTY LTD MELBOURNE CONCRETE DRIVERS’ AGREEMENT 2016 – 2019

Road transport industry
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ 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 Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2016. The nominal expiry date of the Agreement is 26 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Holcim (Australia) Pty Limited sought approval of the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2016-2019. The applicant sought the approval in the Fair Work Commission under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for concrete drivers in Melbourne. The applicant, a cement manufacturer, argued that the proposed agreement would ensure efficient operations and fair terms for both the company and its employees. The respondents, including unions and individual drivers, contested the agreement, arguing that it did not provide adequate protections and benefits for the drivers.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, particularly in terms of good faith bargaining and the avoidance of undercutting. The Commission had to determine if the agreement was made in good faith, if it provided fair and reasonable terms and conditions, and if it avoided undercutting existing industrial instruments. Additionally, the Commission needed to consider if the agreement was fair on its merits, taking into account the interests of both the employer and the employees.

The Commission found that the agreement was made in good faith and that it provided fair and reasonable terms and conditions for the drivers. The applicant demonstrated that the agreement was necessary to ensure the efficient operation of its business and to provide fair outcomes for both the company and the drivers. The Commission also determined that the agreement did not undercut existing industrial instruments and that it provided adequate protections and benefits for the drivers. The Commission concluded that the agreement was fair on its merits, balancing the interests of both the employer and the employees.

The Fair Work Commission approved the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2016-2019. The approval was made under section 234 of the Fair Work Act 2009. The agreement was to be registered and would apply to the drivers employed by the applicant in Melbourne from 1 July 2016 to 30 June 2019. The approval was effective from the date of the decision, and the agreement would replace any existing agreements or awards that applied to the drivers.

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