Holcim (Australia) Pty Limited
[2022] FWCA 3005
•31 AUGUST 2022
| [2022] FWCA 3005 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Holcim (Australia) Pty Limited
(AG2022/3335)
Holcim (Australia) Pty Limited Country Victoria Aggregates Agreement 2022
| Building, metal and civil construction industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 31 AUGUST 2022 |
Application for approval of the Holcim (Australia) Pty Limited Country Victoria Aggregates Agreement 2022.
Holcim (Australia) Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Holcim (Australia) Pty Limited Country Victoria Aggregates Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in 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. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 31 August 2022 and, in accordance with s.54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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<AE517246 PR745334>
Annexure A
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