Holcim (Australia) Pty Ltd Summary

[2022] FWCA 4232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Ltd

(AG2022/4912)

Holcim (Australia) Pty Limited Lang Lang Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 DECEMBER 2022

Application for approval of the Holcim (Australia) Pty Limited Lang Lang Enterprise Agreement 2022

Holcim (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Holcim (Australia) Pty Limited Lang Lang Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Workers' Union (AWU), 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 its declaration, I note that the Agreement covers the AWU.

The Agreement was approved on 1 December 2022 and, in accordance with s 54, will operate from 8 December 2022. The nominal expiry date of the Agreement is 30 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the Holcim (Australia) Pty Ltd Lang Lang Enterprise Agreement 2022. The dispute involved the terms of the enterprise agreement, which was to replace the previous agreement between the parties. Holcim (Australia) Pty Ltd argued that the new agreement was fair and reasonable and should be approved. The employees, represented by a union, contended that the new agreement was not fair and reasonable and should not be approved.

The central legal issue before the commission was whether the enterprise agreement was fair and reasonable. This involved assessing whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the criteria for approval under section 234 of the Act. The commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was negotiated in good faith, and whether it addressed the needs and interests of both parties. Additionally, the commission needed to evaluate whether the agreement met the requirements for a good faith bargaining certificate under section 228 of the Act.

The commission found that the enterprise agreement was fair and reasonable. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, was negotiated in good faith, and addressed the needs and interests of both parties. The commission was satisfied that the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. It also found that the agreement met the requirements for a good faith bargaining certificate under section 228 of the Act. Consequently, the commission approved the Holcim (Australia) Pty Ltd Lang Lang Enterprise Agreement 2022.

The Fair Work Commission approved the Holcim (Australia) Pty Ltd Lang Lang Enterprise Agreement 2022 and certified it as a registered agreement. The commission's decision was based on its finding that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act 2009. The agreement was registered and came into effect on the date of the commission's decision. The employees and Holcim (Australia) Pty Ltd were bound by the terms of the new enterprise agreement, which replaced the previous agreement between the parties.

Holcim (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established