Holcim (Australia) Pty Limited

[2014] FWCA 947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2014/163)

HOLCIM (AUSTRALIA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 FEBRUARY 2014

Application for approval of the Holcim (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Holcim (Australia) Pty Limited, which applied for the approval of the Roy Hill AWU Greenfields Agreement 2014. The Australian Industrial Relations Commission heard the application. The dispute centred around the procedural fairness of the agreement, which was intended to regulate employment terms between Holcim and the Australian Workers' Union (AWU) at the Roy Hill mining project. The application sought to resolve whether the agreement was made in accordance with the necessary legal standards and whether the AWU had appropriately represented its members in the negotiation process.

The legal issues before the court included whether the agreement was made with procedural fairness, whether the AWU had adequately represented its members, and whether the agreement complied with the applicable provisions of the Fair Work Act 2009. The court had to consider the evidence provided regarding the negotiation process and the representation of the union members. Additionally, it needed to assess whether the agreement was consistent with the objectives of the Fair Work Act.

The court found that the agreement was made with procedural fairness and that the AWU had adequately represented its members. The court was satisfied that the negotiation process was transparent and that the union members were properly represented. The agreement was also deemed to comply with the requirements of the Fair Work Act. Based on these findings, the court approved the Holcim (Australia) Pty Ltd Roy Hill AWU Greenfields Agreement 2014. This decision ensured that the agreement could be implemented as intended, governing the employment terms at the Roy Hill mining project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established