Holcim Australia Pty Ltd

[2021] FWCA 1478

[2021] FWCA 1478

FAIR WORK COMMISSION

DECISION

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

Holcim Australia Pty Ltd
(AG2021/4041)

HOLCIM AUSTRALIA PTY LIMITED GOSNELLS QUARRY AGREEMENT 2021

Cement and concrete products
COMMISSIONER SPENCER	BRISBANE, 18 MARCH 2021

Application for approval of the Holcim Australia Pty Limited Gosnells Quarry Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as Holcim Australia Pty Limited Gosnells Quarry 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[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 as Annexure A.

[4] A number of matters relating to the National Employment Standards (the NES) were raised with the Applicant. I note Clause 6.2 of the Agreement provides that where there is an inconsistency between a provision of the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. On this basis, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. I also note that by virtue of s. 55 of the Act, an enterprise agreement must not exclude the NES or any provisions of the NES and s. 56 provides that a term of an enterprise agreement has no effect to the extent that it contravenes s. 55.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), the Transport Workers’ Union of Australia (the TWU), and The Australian Workers’ Union (the AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CFMMEU, the TWU, and the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from25 March 2021. The nominal expiry date of the Agreement is 25 March 2024.

COMMISSIONER

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Annexure A.