Holcim (Australia) Pty Limited

[2013] FWCA 198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2012/12184)

HOLCIM AUSTRALIA PTY LIMITED MELBOURNE AGGREGATES ENTERPRISE AGREEMENT 2012

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2013

Application for approval of the Holcim Australia Pty Limited Melbourne Aggregates Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Holcim Australia Pty Limited Melbourne Aggregates Enterprise Agreement 2012 (the Agreement). The application was made by Holcim (Australia) Pty Limited (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2013. The nominal expiry date of the Agreement is 31 August 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Holcim (Australia) Pty Limited applied for the approval of the Holcim Australia Pty Limited Melbourne Aggregates Enterprise Agreement 2012. The applicant is an employer in the aggregates industry, while the respondents included trade unions representing the employees. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with procedural requirements, and if it met the ‘better off overall test’. This test required that employees were not worse off financially than they would have been under the applicable award or agreement, or a combination of both.

The Commission considered the submissions from both parties, including evidence about the consultation process, the fairness of the terms, and the overall benefits to employees. It found that the agreement was genuinely negotiated, procedural requirements were followed, and employees were not worse off overall. The agreement was thus approved, balancing the interests of both employers and employees.

The final orders included the approval of the Holcim Australia Pty Limited Melbourne Aggregates Enterprise Agreement 2012, effective from the date of the decision. This meant the agreement would now govern the employment conditions of the employees covered by the agreement, replacing the relevant award provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established