Holcim (Australia) Pty Limited

[2014] FWCA 6707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2014/7551)

HOLCIM AUSTRALIA PTY LIMITED ALBION PARK QUARRY ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 24 SEPTEMBER 2014

Application for approval of the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 1 October 2014. The nominal expiry date of the Agreement is 19 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Holcim (Australia) Pty Limited sought approval of the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2014. The Fair Work Ombudsman contested the application, arguing that the agreement did not meet certain requirements under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the Act's provisions, particularly in relation to the negotiation process and the inclusion of certain clauses.

The key legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and if it contained all mandatory terms and conditions required by law. The Fair Work Ombudsman contended that the agreement did not reflect genuine negotiations and that some mandatory terms were omitted. Holcim argued that the agreement was the result of proper negotiation and that all necessary terms were included.

The Commission found that while there were procedural shortcomings in the negotiation process, the overall process could still be considered genuine. The Commission also determined that the agreement contained all mandatory terms required by the Act. Given these findings, the Commission approved the agreement with some modifications to address the identified shortcomings in the negotiation process. This decision ensures that the enterprise agreement is compliant with the Fair Work Act 2009 while acknowledging the procedural deficiencies.

The Commission's final orders included the approval of the enterprise agreement with conditions to ensure future compliance with negotiation requirements. These conditions aimed to rectify the issues identified during the hearing and to prevent similar issues in future agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established