DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2015/3401)

HOLCIM AUSTRALIA - SOUTHERN NSW AGGREGATES TRANSPORT ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 AUGUST 2015

Application for approval of the Holcim Australia - Southern NSW Aggregates Transport Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia - Southern NSW Aggregates Transport Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Holcim (Australia) Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Limited sought approval for the Holcim Australia - Southern NSW Aggregates Transport Enterprise Agreement 2015 from the Fair Work Commission (FWC). The application was made under the Fair Work Act 2009, aiming to have the agreement deemed a "modern award." The dispute involved whether the agreement met the requirements of the Act and FWC guidelines, particularly regarding its coverage, fairness, and compliance with procedural fairness principles.

The primary legal issues before the FWC were whether the agreement adequately covered the requisite employees, provided fair terms and conditions, and whether the process leading to the agreement's formation complied with procedural fairness. The FWC needed to assess whether the agreement was genuinely negotiated, reflected the parties' intentions, and whether the terms were fair and reasonable. Additionally, it had to examine whether the agreement was made without any improper influence or coercion.

In its decision, the FWC concluded that the agreement met the criteria for approval. The commission found that the agreement was genuinely negotiated, reflected the intentions of the parties, and provided fair and reasonable terms and conditions. The FWC was satisfied that the process leading to the agreement was procedurally fair, and there was no evidence of improper influence or coercion. Consequently, the FWC approved the Holcim Australia - Southern NSW Aggregates Transport Enterprise Agreement 2015 as a modern award.

The final orders of the FWC approved the enterprise agreement, deeming it a modern award under the Fair Work Act 2009. The agreement was set to commence on the first day of the first pay period following the date of the FWC's decision and would apply to the employees covered by the agreement. The decision confirmed the agreement's validity and its effectiveness as a modern award, providing a framework for the terms and conditions of employment for the relevant employees.

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