DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Holcim (Australia) Pty Ltd
(AG2021/4042)

HUMES TAMWORTH AND THORNTON ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER SPENCER	BRISBANE, 30 MARCH 2021

Application for approval of the Humes Tamworth and Thornton Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Humes Tamworth and Thornton Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Holcim (Australia) Pty Ltd, the Fair Work Commission addressed an application for the approval of the Humes Tamworth and Thornton Enterprise Agreement 2021. The applicant, Holcim, sought to have the agreement, which had been negotiated with the trade union, recognised as a protected action agreement under the Fair Work Act 2009. The union argued that the agreement, which outlined terms and conditions for employees at specific sites, was necessary for the effective management of the business and should be approved to avoid potential industrial action.

The central legal issues before the Commission involved whether the proposed agreement was genuinely negotiated, whether it complied with the statutory requirements for approval, and whether the terms and conditions contained within it were fair and reasonable. The Commission needed to assess the negotiation process, the content of the agreement, and the impact of its terms on the employees and the business. Additionally, the Commission had to consider whether the agreement met the requirements of the Fair Work Act regarding the protection of vulnerable workers and the prevention of industrial action.

The Commission found that the agreement was genuinely negotiated and that the negotiation process was robust and in compliance with the relevant legal requirements. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the interests of both the employees and the employer. It was noted that the agreement included provisions for fair and equitable treatment of employees, as well as provisions that were beneficial to the employer in managing the business effectively. The Commission concluded that the agreement was in the best interests of the employees and the business and granted the approval sought by Holcim.

In summary, the Fair Work Commission approved the Humes Tamworth and Thornton Enterprise Agreement 2021, recognising it as a protected action agreement. The decision underscores the importance of genuine negotiation and the consideration of both employee and employer interests in enterprise agreements.

Holcim (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established