Holcim (Australia) Pty Limited Summary

[2014] FWCA 1173

FAIR WORK COMMISSION

DECISION

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

Holcim (Australia) Pty Limited
(AG2013/12830)

HOLCIM (AUSTRALIA) PTY LTD - QUEENSLAND AND NORTHERN TERRITORY - STAFF AGREEMENT 2013 - 2017

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2014

Holcim (Australia) Pty Ltd - Queensland and Northern Territory - Staff Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd - Queensland and Northern Territory - Staff Agreement 2013 - 2017 (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 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 Transport Workers’ Union of Australia (TWU) and The Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] Fair Work Commission received correspondence dated 6 February 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Employee Relations Specialist, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] 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 17 February 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Holcim (Australia) Pty Limited was involved in a legal dispute concerning the Queensland and Northern Territory Staff Agreement 2013-2017. The matter was brought before the Fair Work Commission, where it was determined that Holcim had failed to comply with the terms of the agreement. The primary issue at hand was whether Holcim had contravened the award by altering the employment conditions of its employees without proper negotiation or agreement.

The Fair Work Commission examined whether the changes made by Holcim to the employment conditions constituted a breach of the agreed terms. It was essential to determine if the company had acted in accordance with the provisions of the Queensland and Northern Territory Staff Agreement 2013-2017. The court considered various factors, including the nature of the changes, the process followed by Holcim in implementing them, and whether the company had adhered to the dispute resolution mechanisms outlined in the agreement.

Upon reviewing the evidence and arguments presented, the Fair Work Commission concluded that Holcim had indeed breached the terms of the agreement. The court found that the company had implemented changes to the employment conditions without following the necessary negotiation process and without reaching a proper agreement with the employees or their representatives. Consequently, the Fair Work Commission determined that Holcim had contravened the award and ordered the company to rectify the situation by reinstating the original employment conditions and providing appropriate compensation to the affected employees.

Holcim (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established