Holcim (Australia) Pty Limited

[2023] FWCA 372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Limited

(AG2023/59)

Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 FEBRUARY 2023

Application for approval of the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2022

Holcim (Australia) Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Australian Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 14 February 2023 and, in accordance with s 54, will operate from 21 February 2023. The nominal expiry date of the Agreement is 19 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Holcim (Australia) Pty Limited for the approval of the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2022. The application was made by the company, who sought to have the agreement registered under the Fair Work Act 2009. The agreement was intended to cover employees of the company who work at the Albion Park Quarry. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Act for registration.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for registration under the Fair Work Act. This included assessing whether the agreement had been made freely and without coercion, whether it contained the mandated minimum terms and conditions, and whether it was appropriately certified by an independent body. Additionally, the Commission had to consider whether the agreement facilitated the promotion of high-quality enterprise bargaining by providing appropriate protections and flexibility for both employees and employers.

In reaching its decision, the Commission examined the contents of the agreement and the process by which it was negotiated and certified. It found that the agreement had been made in good faith and without any element of coercion. The Commission also confirmed that the agreement contained all the required minimum terms and conditions and had been appropriately certified by the relevant independent body. Consequently, the Commission determined that the agreement met all the statutory requirements for registration. The application was thus approved, and the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2022 was registered under the Fair Work Act.

The final orders of the Commission were that the application for the approval of the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2022 be granted, and that the agreement be registered as a registered agreement under the Fair Work Act. This registration would take effect from the date of the Commission's decision, ensuring that the terms of the agreement would be legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established