DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Limited
(AG2017/1068)

HOLCIM (AUSTRALIA) PTY LIMITED SYDNEY METRO TRANSPORT AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 3 MAY 2017

Application for approval of the Holcim (Australia) Pty Limited Sydney Metro Transport Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Limited Sydney Metro Transport Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 10 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Holcim (Australia) Pty Limited sought approval of the Sydney Metro Transport Agreement 2016, which was intended to regulate the employment terms and conditions of their workers. The dispute centred around whether the agreement complied with the relevant legislative framework and if it was in the best interest of the employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission involved whether the agreement provided adequate protections for the employees, whether it was made in good faith, and whether it contained terms that were necessary for the efficient operation of the business. Additionally, the Commission had to consider whether the agreement provided for a fair balance between the interests of the employer and the employees. The evidence presented by both parties focused on the specific terms of the agreement, the process by which it was developed, and its potential impact on the workforce.

After careful consideration of the arguments and evidence, the Commission found that the agreement was made in good faith and contained necessary terms for the efficient operation of the business. The Commission also determined that the agreement provided adequate protections for the employees and struck a fair balance between the interests of the employer and the employees. Consequently, the Commission approved the Sydney Metro Transport Agreement 2016, finding it to be in the best interest of the employees. The Commission's decision was based on a comprehensive analysis of the agreement's terms and the evidence presented by both parties.

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