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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2020, an enterprise agreement under the Fair Work Act 2009. The agreement, which was intended to cover employees of the applicant company working at its Dubbo site, was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union argued that the agreement did not meet the requirements of the Act as it failed to provide for adequate pay and conditions for the employees.

The court was required to determine whether the agreement was a "better off overall test" (BOOT) agreement, meaning that the overall terms and conditions of employment under the agreement were better than those under the applicable award. The court also needed to decide whether the agreement was procedurally sound and whether it complied with the good faith bargaining requirements of the Act.

The court found that the agreement met the BOOT requirement, as it provided for a higher base rate of pay for employees compared to the applicable award. The court also determined that the agreement was procedurally sound, as the applicant had engaged in good faith bargaining with the union. The court held that the agreement complied with the good faith bargaining requirements of the Act, as the applicant had provided the union with all relevant information and had given the union an opportunity to negotiate the terms of the agreement. The court approved the agreement, finding that it met all the requirements of the Act.

The court made an order approving the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2020 as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees covered by it, providing them with the terms and conditions of employment set out in the agreement. The union's opposition to the agreement was dismissed.

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