DECISION

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

Holcim (Australia) Pty Limited
(AG2014/10481)

HOLCIM (AUSTRALIA) PTY LTD BRISBANE AND GOLD COAST AGGREGATES ENTERPRISE AGREEMENT 2014

Quarrying industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 3 FEBRUARY 2015

Application for approval of the Holcim (Australia) Pty Ltd Brisbane and Gold Coast Aggregates Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd Brisbane and Gold Coast Aggregates Enterprise Agreement 2014 Agreement 2014-2016 (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] 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 Australian Workers’ Union (AWU) 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 AWU.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 February 2015. The nominal expiry date of the Agreement is 10 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Limited was a party in an application before the Fair Work Commission concerning the approval of the Holcim (Australia) Pty Ltd Brisbane and Gold Coast Aggregates Enterprise Agreement 2014. The Fair Work Commission was asked to approve the agreement, which had been negotiated between the company and its employees. The employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the Fair Work Commission needed to determine included whether the agreement had been genuinely negotiated, whether it contained the minimum entitlements as required by the Act, and if it complied with the procedural fairness requirements. Additionally, the Commission had to consider if the agreement met the public interest test and whether it provided for proper dispute resolution mechanisms. The primary focus was on ensuring that the agreement was fair and balanced, reflecting the needs and rights of both the employees and the employer.

In its reasoning, the Fair Work Commission noted that the agreement had been negotiated in good faith and contained all the required minimum entitlements. It found that the agreement was procedurally fair, as it had been developed through proper consultation and negotiation processes. The Commission concluded that the agreement satisfied the public interest test and provided for adequate dispute resolution mechanisms. Consequently, the Commission approved the Holcim (Australia) Pty Ltd Brisbane and Gold Coast Aggregates Enterprise Agreement 2014, recognising it as a fair and reasonable agreement that met all statutory requirements.

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