Holcim (Australia) Pty Limited

[2014] FWCA 5681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2014/6817)

HOLCIM (AUSTRALIA) PTY LIMITED MELBOURNE CONCRETE PRODUCTION & TESTERS AND AWU AGREEMENT 2013-2016

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 19 AUGUST 2014

Application for approval of the Holcim (Australia) Pty Limited Melbourne Concrete Production & Testers and AWU Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Holcim (Australia) Pty Limited Melbourne Concrete Production & Testers and AWU Agreement 2013-2016 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holcim (Australia) Pty Limited (the Applicant).

[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 the Agreement bargaining representative, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2014. The nominal expiry date of the Agreement is 31 August 2016.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Limited applied for approval of a proposed enterprise agreement with the Melbourne Concrete Production & Testers and AWU. The application was heard in the Fair Work Commission, where the legal issues centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, contained appropriate provisions for the resolution of future disputes, and was otherwise compliant with the Act.

The Commission found that the agreement was genuinely negotiated as it was entered into after good faith bargaining. The terms of the agreement were considered fair and reasonable, and the parties had complied with procedural requirements. The Commission also noted that the agreement included provisions for the resolution of future disputes, which were deemed appropriate. Consequently, the Commission was satisfied that the agreement met all the necessary statutory criteria for approval.

The Commission approved the Holcim (Australia) Pty Limited Melbourne Concrete Production & Testers and AWU Agreement 2013-2016, confirming that it was compliant with the Fair Work Act 2009. The decision was made in light of the agreement's genuine negotiation, the fairness of its terms, and the adequacy of its dispute resolution provisions. The approval means that the agreement will now apply to the relevant employees and employers, establishing the terms and conditions of employment for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established