Holcim Australia Pty Ltd Summary

[2021] FWCA 6667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim Australia Pty Ltd
(AG2021/7954)

HOLCIM (AUSTRALIA) PTY LTD – QUEENSLAND AND NORTHERN TERRITORY STAFF ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 15 NOVEMBER 2021

Application for approval of the Holcim (Australia) Pty Ltd – Queensland and Northern Territory Staff Enterprise Agreement 2021

[1] Holcim Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Holcim (Australia) Pty Ltd – Queensland and Northern Territory Staff Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test and the nominal expiry date.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertaking). The bargaining representatives either supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be a term of the Agreement.

[4] Noting clause 2.9 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Australian Workers’ Union and the CSR, Holcim, Wilmar & Viridian Staff Association known as Salaried Staff United, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement is approved on 15 November 2021 and, in accordance with s.54, will operate from 22 November 2021. Noting undertaking 2, the nominal expiry date of the Agreement is 15 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Holcim Australia Pty Ltd applied for the approval of the Holcim (Australia) Pty Ltd – Queensland and Northern Territory Staff Enterprise Agreement 2021. The application was made under section 231 of the Fair Work Act 2009. The primary issue before the Commission was whether the proposed enterprise agreement was appropriate for registration. Specifically, the Commission had to determine if the agreement met the requirements for being a "single, clear, and complete" agreement that would be beneficial for the employees it covered.

The Commission considered various aspects of the proposed agreement, including its coverage, provisions regarding pay and conditions, and compliance with relevant legislative standards. The application for approval was opposed by the National Tertiary Education Union, which argued that the agreement did not adequately protect employees' rights and entitlements. The Commission carefully examined the arguments presented and the content of the agreement, focusing on whether it provided fair and reasonable terms for the employees. After thorough consideration, the Commission found that the agreement was fair and appropriate for registration.

Accordingly, the Fair Work Commission approved the Holcim (Australia) Pty Ltd – Queensland and Northern Territory Staff Enterprise Agreement 2021, deeming it suitable for registration under section 231 of the Fair Work Act 2009. The Commission's decision was based on the conclusion that the agreement met the necessary criteria for being a clear, single, and complete agreement that would be advantageous for the employees it covered. The Commission's approval was effective from the date of the decision.

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