Holcim (Australia) Pty Ltd

[2022] FWCA 2982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Ltd

(AG2022/3210)

Humes Blacktown Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT DEAN	CANBERRA, 30 AUGUST 2022

Application for approval of the Humes Blacktown Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Humes Blacktown Enterprise Agreement 2022 (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 Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that clause 17 (Abandonment of employment), clause 18.3.1 (Severance Payment), clause 23.7 (Personal Leave), clause 24 (Compassionate Leave) and Clause 28 (Public Holidays) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd applied to the Federal Circuit and Family Court for approval of the Humes Blacktown Enterprise Agreement 2022. The applicant, a construction materials company, sought the court's approval of the proposed enterprise agreement between the company and its employees. The dispute involved the negotiation and approval process of the enterprise agreement, which outlined the terms and conditions of employment for the employees of the respondent.

The legal issues before the court were whether the agreement was fairly negotiated, complied with the necessary procedural requirements, and aligned with the relevant statutory provisions under the Fair Work Act 2009. The court was required to determine if the agreement met the criteria for approval and if the negotiation process was conducted in accordance with the law.

In its decision, the court found that the agreement was fairly negotiated and that all procedural requirements were met. The court held that the terms of the agreement were reasonable and complied with the relevant statutory provisions. The court was satisfied that the negotiation process was conducted in good faith and that the agreement was in the best interests of the employees. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Humes Blacktown Enterprise Agreement 2022 be approved, effective from the date of the order. The court's approval signified that the agreement could be implemented as the binding terms of employment between the applicant and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established