Holcim (Australia) Pty Ltd

[2020] FWCA 5931

[2020] FWCA 5931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2020/3075)

HOLCIM (AUSTRALIA) PTY LTD - VICTORIA STAFF ENTERPRISE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT MANSINI	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the Holcim (Australia) Pty Ltd - Victoria Staff Enterprise Agreement 2020.

[1] Holcim (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the Holcim (Australia) Pty Ltd - Victoria Staff Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The CSR, Holcim, Wilmar & Viridian Staff Association, known as Salaried Staff United, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] The Agreement was approved on 6 November 2020 and, in accordance with s.54, will operate from 13 November 2020. The nominal expiry date of the Agreement is 6 November 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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