DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2021/5142)

HOLCIM AUSTRALIA PTY LIMITED SOUTHERN NSW AGGREGATES ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 27 MAY 2021

Application for approval of the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holcim (Australia) Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2021. The nominal expiry date of the Agreement is 30 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Limited recently sought approval for its Southern NSW Aggregates Enterprise Agreement 2021 from the Fair Work Commission. The application involved determining whether the proposed agreement met the statutory requirements for approval and whether it was in the best interests of the employees covered by the agreement. The dispute centred on various terms and conditions of employment, including wages, working hours, and dispute resolution mechanisms.

The primary legal issues addressed by the Commission involved assessing whether the agreement complied with the Fair Work Act 2009 and whether it met the "better off overall test". This test required the Commission to determine whether employees would be better off overall under the proposed agreement than they would be under the applicable award or existing enterprise agreement. The Commission also needed to consider whether the agreement provided for appropriate mechanisms for resolving disputes and whether it was in the best interests of the employees, taking into account any relevant public interest factors.

In reaching its decision, the Commission found that the proposed agreement was compliant with the statutory requirements and met the better off overall test. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, working hours, and dispute resolution. The Commission also noted that the agreement included appropriate mechanisms for resolving disputes, which would help to ensure that any issues that arose could be resolved efficiently and effectively. Based on these findings, the Commission approved the application for the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2021.

Holcim (Australia) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established