Holcim (Australia) Pty Ltd

[2023] FWCA 840

[2023] FWCA 840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Holcim (Australia) Pty Ltd

(AG2023/527)

HOLCIM AUSTRALIA - SOUTHERN NSW AGGREGATES TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 22 MARCH 2023

Application for termination of the Holcim Australia - Southern NSW Aggregates Transport Enterprise Agreement 2017

1. Holcim (Australia) Pty Ltd (‘Holcim’) has applied to terminate the Holcim Australia - Southern NSW Aggregates Transport Enterprise Agreement 2017 (‘the Agreement’). The Agreement was approved on 21 April 2017 and nominally expired on 31 December 2019.

1. Section 226 of the Act sets out the conditions which must be met for an agreement to be terminated under section 225 of the Act:

“226      When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a)       the FWC is satisfied that it is not contrary to the public interest to do so; and

(b)       the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i)           the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii)          the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

1. The Agreement passed its nominal expiry on 31 December 2019. Holcim no longer employs any employees as Drivers under the Agreement, opting instead for an outsourced contractor model. As a result, the Agreement does not cover any employees.

1. The Transport Workers’ Union (TWU) is a party to the Agreement and does not oppose the termination of the Agreement.

1. In the circumstances, I am satisfied that termination is not contrary to the public interest and that it is appropriate that the Agreement be terminated.

1. The Agreement is terminated with effect from today.

COMMISSIONER

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