Holcim (Australia) Pty Limited

[2013] FWCA 5196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2013/1967)

HOLCIM (AUSTRALIA) PTY LTD - WESTERN AUSTRALIA STAFF AGREEMENT 2013 - 2017

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

Application for approval of the Holcim (Australia) Pty Ltd - Western Australia Staff Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd - Western Australia Staff Agreement 2013 - 2017 (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] The Transport Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 3 September 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] 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 15 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Limited applied for approval of the Holcim (Australia) Pty Ltd - Western Australia Staff Agreement 2013 - 2017. The applicant was a subsidiary of Holcim (Australia) Pty Limited, a company engaged in the quarrying, processing and sale of cement, concrete, aggregates and other construction materials. The application was made under section 186 of the Fair Work Act 2009. The Australian Building and Construction Commission, the Construction, Forestry, Maritime, Mining and Energy Union, and the Australian Workers’ Union each opposed the application. The court had to determine whether the agreement was in the interests of the employees and whether it would facilitate the simplification and clarification of workplace laws.

The court considered that the agreement would simplify and clarify workplace laws by reducing the number of awards and agreements that applied to the employees. The court also found that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The court rejected the arguments of the opponents that the agreement would result in a reduction in the employees' take-home pay or that it would undermine the role of trade unions in the workplace. The court held that the agreement was in the interests of the employees and would facilitate the simplification and clarification of workplace laws.

The court approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the agreement's provisions on shift premiums, overtime, and penalty rates. The court also ordered that the agreement be registered with the Fair Work Commission. The court noted that the agreement was a significant step towards achieving the objectives of the Act and that it would provide greater flexibility and certainty for employers and employees in the construction industry. The court considered that the agreement would promote productivity and economic growth while also protecting the rights and interests of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established