DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim Australia Pty Ltd
(AG2019/5122)

HUMES IPSWICH ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 14 FEBRUARY 2020

Application for approval of the Humes Ipswich Enterprise Agreement 2019-2022.

[1] Application has been made by Holcim Australia Pty Ltd for approval of a single enterprise agreement known as the Humes Ipswich Enterprise Agreement 2019-2022 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the Agreement.

[3] With 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 1 July 2022.

[5] The Australian Workers’ Union is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Holcim Australia Pty Ltd, an employer, sought approval of the Humes Ipswich Enterprise Agreement 2019-2022. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement was fair and reasonable in terms of its provisions and the process by which it was negotiated. The applicant and the unions involved in the negotiation of the agreement were the primary parties to the dispute. The Commission had to consider whether the agreement met the criteria for approval as set out in the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement was fair and reasonable, particularly in light of the process by which it was negotiated. The unions argued that the negotiation process was flawed and did not meet the standards required by the Fair Work Act. The Commission had to examine the negotiation process and determine whether it complied with the procedural fairness requirements. Additionally, the Commission needed to assess whether the terms and conditions of the agreement were fair and reasonable for the employees covered by the agreement.

In making its determination, the Commission considered the evidence presented by both the applicant and the unions. It found that while there were some procedural irregularities in the negotiation process, these did not significantly affect the outcome. The Commission was satisfied that the agreement was fair and reasonable, taking into account the overall benefits it provided to the employees. It concluded that the agreement met the criteria for approval and granted the application for its approval. The Commission also made certain orders to address some of the procedural issues identified during the hearing.

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