Holcim (Australia) Pty Limited

[2013] FWCA 4880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2013/7494)

HOLCIM AUSTRALIA - ALBION PARK AGGREGATES TRANSPORT ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 JULY 2013

Application for approval of the Holcim Australia - Albion Park Aggregates Transport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia - Albion Park Aggregates Transport Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Holcim (Australia) Pty Limited. 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 as is relevant to this application for approval has been met.

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2013. The nominal expiry date will be 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Limited sought approval of an enterprise agreement from the Fair Work Commission. The agreement pertained to the transport of aggregates from their Albion Park facility. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was procedurally and substantively valid. Procedurally, the Commission had to consider whether the agreement was made in accordance with the relevant provisions of the Fair Work Act. This involved assessing if the agreement was genuinely negotiated, if the required majority of employees had voted in favour, and if the agreement had been properly certified by the Australian Building and Construction Commission. Substantively, the Commission had to determine if the terms of the agreement were fair and reasonable, taking into account factors such as the nature of the work, the bargaining positions of the parties, and the need to maintain harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement had been procedurally valid, as it was genuinely negotiated and had received the necessary majority vote. The agreement was also substantively valid, as the terms were fair and reasonable, considering the specific context of the industry and the bargaining positions of the parties. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Holcim Australia - Albion Park Aggregates Transport Enterprise Agreement 2013, confirming its procedural and substantive validity. This decision ensured that the agreement could be implemented, providing a framework for the transport of aggregates from the Albion Park facility under terms that were considered fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established