Holcim (Australia) Pty Ltd
[2022] FWCA 4548
•21 DECEMBER 2022
| [2022] FWCA 4548 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Holcim (Australia) Pty Ltd
(AG2022/5089)
Humes Tamworth Enterprise Agreement 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 21 DECEMBER 2022 |
Application for approval of the Humes Tamworth Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement to be known as the Humes Tamworth Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Holcim (Australia) Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 13 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Concrete Products Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Model consultation clause
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2022. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518700 PR749175>
Annexure A
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