Holcim (Australia) Pty Limited Summary

[2013] FWCA 6602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2013/1905)

HOLCIM (AUSTRALIA) PTY LTD - NSW/ACT STAFF ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 30 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 10 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Limited applied to the Fair Work Commission for approval of the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2013. The application was contested by the Australian Manufacturing Workers' Union (AMWU). The dispute involved the terms and conditions of employment for Holcim's staff in New South Wales and the Australian Capital Territory. The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with the good faith bargaining principles.

The Commission examined the evidence and submissions from both parties to determine if the agreement was made in good faith and whether it contained the necessary provisions for a lawful enterprise agreement. The AMWU argued that the agreement did not meet the good faith bargaining requirement, as there were procedural deficiencies and the terms did not adequately reflect the interests of the employees. Holcim, on the other hand, asserted that the agreement was made in good faith and that it contained all the necessary provisions for a lawful enterprise agreement.

After careful consideration of the evidence, the Commission found that the agreement was made in good faith and that it complied with the statutory requirements for approval. The Commission noted that while there were some procedural deficiencies, these did not undermine the overall good faith of the bargaining process. Furthermore, the Commission was satisfied that the agreement contained all the necessary provisions and met the legal standards for approval. Consequently, the Commission approved the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2013.

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