DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2020/3896)

HOLCIM AUSTRALIA PTY LIMITED ALBION PARK QUARRY ENTERPRISE AGREEMENT 2020

Quarrying industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 FEBRUARY 2021

Application for approval of the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2021. The nominal expiry date of the Agreement is 19 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Holcim (Australia) Pty Ltd sought approval of the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2020. The applicant argued that the agreement would result in significant productivity gains and better outcomes for both the company and employees. The Fair Work Union contested the application, asserting that the agreement would result in adverse financial and operational outcomes for employees.

The primary issue for determination was whether the agreement met the requirements of the Fair Work Act 2009, specifically sections 234 and 235, which mandate that an enterprise agreement must provide for fair and reasonable terms and conditions, and must not adversely affect employees' job security. The Commission examined the arguments presented by both parties and considered the impact of the agreement on employees, including any potential adverse effects on their job security and overall welfare.

The Commission determined that the agreement met the criteria for approval. It found that the agreement contained provisions that ensured fair and reasonable terms and conditions, and that the potential productivity gains and improved operational outcomes would not result in adverse effects on employees' job security. The Commission was satisfied that the agreement provided for a fair and reasonable resolution of the issues between the parties, and that it met the requirements of the Fair Work Act 2009.

Accordingly, the Commission approved the Holcim Australia Pty Limited Albion Park Quarry Enterprise Agreement 2020. The applicant's application for approval of the agreement was successful, and the agreement will now be registered and enforceable under the Fair Work Act 2009.

Holcim (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established