DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim Australia Pty Ltd
(AG2020/3141)

HOLCIM AUSTRALIA PTY LIMITED GLENSHERA ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 9 NOVEMBER 2020

Application for approval of the Holcim Australia Pty Limited Glenshera Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Glenshera 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] 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Holcim Australia Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The dispute centred around the approval of the Holcim Australia Pty Ltd Glenshera Enterprise Agreement 2020. The Fair Work Commission was the court tasked with examining the application for approval of this agreement.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009 and whether it appropriately addressed the employees' rights and obligations. Specifically, the Commission had to consider if the agreement met the criteria for being a "single, clear, and complete" agreement, whether it contained necessary provisions for minimum entitlements, and if it was appropriately certified as a "low-paid" agreement.

The Fair Work Commission carefully reviewed the agreement and found that it met all the necessary requirements for approval. The agreement was determined to be a "low-paid" agreement as it was certified by the CFMEU as covering employees whose ordinary hours of work were not more than 38 hours a week, and who were paid less than the relevant threshold amount. The Commission also concluded that the agreement contained all the required minimum entitlements and was a single, clear, and complete document. Therefore, the application for approval of the Holcim Australia Pty Ltd Glenshera Enterprise Agreement 2020 was approved.

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