Holcim (Australia) Pty Ltd
[2022] FWCA 2982
•30 AUGUST 2022
| [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
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Annexure A
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