Holcim Australia Pty Ltd

[2022] FWCA 1914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim Australia Pty Ltd

(AG2022/1601)

Holcim (Australia) Pty Ltd - Western Australia Staff Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 10 JUNE 2022

Application for approval of the Holcim (Australia) Pty Ltd - Western Australia Staff Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd - Western Australia Staff 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. 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.

The CSR, Holcim, Wilmar & Viridian Staff Association known as Salaried Staff United 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 17 June 2022. The nominal expiry date of the Agreement is 10 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Holcim Australia Pty Ltd, which sought approval of the Holcim (Australia) Pty Ltd - Western Australia Staff Enterprise Agreement 2022 from the Fair Work Commission. The dispute arose over the terms of the enterprise agreement, specifically concerning the classification of certain employees within the company. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees it covered.

The primary legal issues before the Commission were whether the agreement was a "certified agreement" as defined in the Fair Work Act and if it had been appropriately negotiated and was fair and reasonable. The Commission had to consider the nature of the bargaining process, the content of the agreement, and whether it complied with the provisions of the Act, including the requirements for good faith bargaining and the avoidance of unreasonable terms. Additionally, the Commission examined whether the agreement provided adequate protections and benefits to the employees.

The Commission found that the agreement had been appropriately negotiated in good faith and that it contained terms that were fair and reasonable. The bargaining process was deemed to have met the requirements of the Act, with both parties demonstrating a commitment to reaching a fair outcome. The agreement was considered to provide adequate protections and benefits to the employees, addressing their needs and interests effectively. As a result, the Commission approved the agreement, finding it to be a certified agreement under the Fair Work Act.

Consequently, the Fair Work Commission granted the application for approval of the Holcim (Australia) Pty Ltd - Western Australia Staff Enterprise Agreement 2022, recognising it as a certified agreement that appropriately balances the interests of the employer and the employees. This decision ensures that the agreement will provide a stable framework for industrial relations within the company, promoting harmonious workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established