Holcim Australia Pty Ltd

[2020] FWCA 6645

[2020] FWCA 6645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim Australia Pty Ltd
(AG2020/3516)

HOLCIM (AUSTRALIA) PTY LTD SOUTH WEST / GIPPSLAND CONCRETE VICTORIA AGREEMENT 2020

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 10 DECEMBER 2020

Application for approval of the Holcim (Australia) Pty Ltd South West / Gippsland Concrete Victoria Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd South West / Gippsland Concrete Victoria 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Workers’ Union of Australia 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.

[7] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  15.2 - Notice of termination by Employee.

However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2020. The nominal expiry date of the Agreement is 16 December 2023.

COMMISSIONER

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<AE509767  PR725310>

Annexure A