Holcim (Australia) Pty Ltd

[2020] FWCA 5669

[2020] FWCA 5669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2020/2972)

HOLCIM AUSTRALIA PTY LIMITED - DUBBO AGGREGATES AGREEMENT 2020

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 26 OCTOBER 2020

Application for approval of the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited - Dubbo Aggregates 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] On 19 October 2020, the Applicant filed an amended Agreement signature page providing the employee representatives authority to sign the Agreement. I am satisfied that the correction to the signature page should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2020. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

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Annexure A