Holcim (Australia) Pty Limited Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Holcim (Australia) Pty Limited applied to the Fair Work Commission for approval of the Holcim (Australia) Pty Limited Country Victoria Aggregates Agreement 2022. The application arose from a series of negotiations between Holcim and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement, if approved, would apply to Holcim employees in the Country Victoria region, regulating various aspects of employment including wages, conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and promoted workplace harmony. The Commission also examined whether the agreement provided adequate protections for employees, including provisions for minimum wages and reasonable working hours, as well as provisions for dispute resolution.

In reaching its decision, the Commission reviewed submissions from both Holcim and the union, and considered the evidence provided. The Commission found that the agreement provided for fair and reasonable terms and conditions and was free from coercion and undue influence. The Commission also found that the agreement provided adequate protections for employees, including provisions for minimum wages and reasonable working hours. The Commission noted that the agreement provided for a robust dispute resolution process, including the option for conciliation and arbitration, and that the agreement promoted workplace harmony by providing for cooperative bargaining between the parties.

The Commission approved the Holcim (Australia) Pty Limited Country Victoria Aggregates Agreement 2022, subject to certain conditions. The approved agreement will now apply to Holcim employees in the Country Victoria region, regulating various aspects of employment as set out in the agreement. The Commission's decision provides certainty for both Holcim and its employees, and promotes cooperative bargaining between the parties.

Holcim (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established