DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2021/4016)

HUMES LAVERTON VICTORIA ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 MARCH 2021

Application for approval of the Humes Laverton Victoria Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Humes Laverton Victoria Enterprise Agreement 2020 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

[4] The Agreement was approved on 10 March 2021 and, in accordance with s.54, will operate from 17 March 2021. The nominal expiry date of the Agreement is 24 February 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Holcim (Australia) Pty Ltd, applied to the Fair Work Commission for the approval of the Humes Laverton Victoria Enterprise Agreement 2020. The application was opposed by the Transport Workers Union of Australia, who raised concerns about the agreement's provisions regarding pay rates, classification, and other employment conditions. The Commission was required to determine whether the agreement met the statutory requirements for approval, including whether it provided for the fair and reasonable terms of employment.

The central legal issue before the Commission was whether the agreement was in the interests of achieving a productive and efficient workplace. The Commission considered the arguments of both parties, including the applicant's submissions that the agreement provided for fair and reasonable terms of employment, and the union's opposition that the agreement would result in a decrease in pay and conditions for some employees. The Commission also considered the broader economic and social context in which the agreement was negotiated and the need to balance the interests of employers and employees.

After considering the evidence and submissions, the Commission found that the agreement met the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms of employment, and that it would achieve a productive and efficient workplace. The Commission also found that the agreement was in the interests of the employees, as it provided for a number of improvements to their conditions of employment. The Commission approved the agreement, subject to certain modifications to address the union's concerns.

The Fair Work Commission approved the Humes Laverton Victoria Enterprise Agreement 2020, subject to certain modifications. The modifications related to the classification and pay rates of certain employees, and were designed to address the union's concerns about the agreement. The Commission found that the modified agreement met the statutory requirements for approval, and that it was in the interests of achieving a productive and efficient workplace. The Commission also noted that the agreement provided for a number of improvements to the conditions of employment for employees covered by the agreement.

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