DECISION

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

Holcim (Australia) Pty Limited
(AG2014/10452)

HOLCIM AUSTRALIA PTY LIMITED - DUBBO AGGREGATES AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 18 FEBRUARY 2015

Application for approval of the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Holcim Australia Pty Limited - Dubbo Aggregates 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 (Austalia) Pty Limited (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Holcim (Australia) Pty Limited, the Fair Work Commission was tasked with approving the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2014. This agreement was proposed between the employer, Holcim (Australia) Pty Limited, and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided adequate protections for employees, aligned with contemporary industrial standards, and was fair and reasonable in terms of employee entitlements and conditions.

The legal issues before the court included whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly concerning minimum entitlements such as wages, leave, and other benefits. The court also considered the fairness and reasonableness of the proposed terms and conditions in light of the existing industrial landscape. Additionally, the court examined whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary legal standards and was fair and reasonable. The court noted that the agreement provided adequate protections for employees and was in line with contemporary industrial standards. The Commission approved the agreement, acknowledging that it appropriately balanced the interests of both parties while ensuring compliance with the Fair Work Act 2009. Consequently, the court granted the application for approval of the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2014.

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