Holcim Australia Pty Limited
[2024] FWCA 1967
•30 MAY 2024
| [2024] FWCA 1967 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Holcim Australia Pty Limited
(AG2024/1659)
HOLCIM (AUSTRALIA) PTY LTD NEWCASTLE TRANSPORT AGREEMENT 2023
| Cement and concrete products | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 30 MAY 2024 |
Application for approval of the Holcim Australia Pty Ltd Newcastle Transport Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Holcim Australia Pty Ltd Newcastle Transport Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Holcim Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 29 May 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2024. The nominal expiry date of the Agreement is 6 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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