DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2015/2679)

HOLCIM AUSTRALIA MELBOURNE AGGREGATES TRANSPORT ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 30 JUNE 2015

Application for approval of the Holcim Australia Melbourne Aggregates Transport Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Melbourne 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 Company). The agreement is a single-enterprise agreement.

[2] On 26 June 2015 undertakings were provided by Ms K Singh, Senior HR Advisor of the Company, in relation to clause 21.9.2 (Support Wage System), clause 30 (Annual Leave), clause 44.9 (Stand Down) and clause 3 of Appendix A (Severance Pay) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2015. The nominal expiry date of the Agreement is 1 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Holcim (Australia) Pty Limited, as the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), as the employee representative. The dispute centred around the approval of the Holcim Australia Melbourne Aggregates Transport Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The primary legal issues the court had to address were whether the agreement met the statutory requirements for approval and if the process by which it was made was fair and compliant with the relevant industrial relations legislation.

The court examined whether the agreement was genuinely a product of free and voluntary negotiations between the employer and the union. The decision hinged on the fairness of the process and the adherence to the procedural safeguards outlined in the Fair Work Act. The employer argued that the agreement was the result of a thorough negotiation process and was in the best interests of the employees. Conversely, the union raised concerns about certain terms and conditions, asserting that they did not adequately represent the employees' interests. The court needed to balance the employer's business needs against the employees' rights and protections under the Act.

After considering the evidence and arguments presented by both parties, the court concluded that the agreement did meet the statutory requirements for approval. It found that the negotiation process was fair and that the agreement was genuinely a product of free and voluntary negotiations. The court was satisfied that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms and conditions of employment. Consequently, the court approved the Holcim Australia Melbourne Aggregates Transport Enterprise Agreement 2015.

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