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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Holcim (Australia) Pty Ltd - Victoria Staff Enterprise Agreement 2020. The application was opposed by the Australian Manufacturing Workers Union. The dispute centred around the validity and fairness of the proposed enterprise agreement, which sought to regulate the terms and conditions of employment for staff within Holcim's operations in Victoria.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it was a "better off overall test" (BOOT) compliant agreement. This test requires that the proposed agreement provides employees with no less financial benefit than their current terms and conditions, or if it does, that it provides significant non-financial benefits that outweigh the financial losses. Additionally, the Commission had to consider whether the agreement was made in good faith and followed proper procedural requirements.

In determining the matter, the Commission considered the evidence and submissions from both parties. It found that the proposed agreement did indeed meet the BOOT requirement, providing employees with equivalent or better financial terms compared to their existing conditions. Furthermore, the Commission was satisfied that the agreement was made in good faith and followed the necessary procedural steps as required by the Fair Work Act. Consequently, the Commission approved the Holcim (Australia) Pty Ltd - Victoria Staff Enterprise Agreement 2020.

The Fair Work Commission approved the Holcim (Australia) Pty Ltd - Victoria Staff Enterprise Agreement 2020, affirming its compliance with the Fair Work Act. The Commission's decision was based on the agreement meeting the better off overall test, being made in good faith, and adhering to the necessary procedural requirements. This ruling allows the employer to implement the new terms and conditions as outlined in the approved 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