Holcim (Australia) Pty Limited

Case

[2015] FWCA 4953

22 JULY 2015

No judgment structure available for this case.

[2015] FWCA 4953
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2015/3268)

HOLCIM AUSTRALIA PTY LIMITED GOSNELLS QUARRY AGREEMENT 2014

Quarrying industry

COMMISSIONER ROE

HOBART, 22 JULY 2015

Application for approval of the Holcim Australia Pty Limited Gosnells Quarry Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Gosnells Quarry Agreement 2014 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Mining and Energy Union, Transport Workers’ Union of Australia and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 22 July 2015 and, in accordance with s.54, will operate from 29 July 2015. The nominal expiry date of the Agreement is 23 January 2017

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE414901  PR569637>

Annexure A

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