DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2019/1997)

HOLCIM (AUSTRALIA) PTY LTD NEWCASTLE TRANSPORT AGREEMENT 2016 - 2019

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 AUGUST 2019

Application for variation of the Holcim (Australia) Pty Ltd Newcastle Transport Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to the Holcim (Australia) Pty Ltd Newcastle Transport Agreement 2016 - 2019 (the Agreement). The application was made by Holcim (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 February 2017. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 26 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd applied to the Fair Work Commission for a variation of the Holcim (Australia) Pty Ltd Newcastle Transport Agreement 2016 - 2019. The dispute centred on the changes proposed to the agreement, which included adjustments to employee entitlements, working hours, and the introduction of new rostering practices. The applicants argued that the changes were necessary to adapt to changing business conditions and to remain competitive, while the respondents contended that the proposed changes would negatively impact employee conditions and work-life balance.

The legal issues before the commission were whether the proposed variations were consistent with the relevant provisions of the Fair Work Act 2009 and whether the process for negotiation and agreement was properly followed. The commission examined the evidence presented by both parties, including submissions on the impact of the proposed changes on employees, the fairness of the negotiation process, and the need for the changes in the context of the business. The commission also considered the principles of good faith bargaining and the importance of maintaining a fair and sustainable industrial relations environment.

The commission found that the proposed variations were largely consistent with the principles of the Fair Work Act and that the negotiation process had been conducted in good faith. The commission acknowledged the need for the company to adapt to changing business conditions but also recognised the importance of protecting employee entitlements. The commission concluded that while some of the proposed changes could be implemented, others needed to be modified to ensure a fair balance between the interests of the employer and the employees. The commission made specific orders regarding the modified terms, ensuring that certain employee protections were maintained.

The final orders of the commission included the approval of the modified variations to the Holcim (Australia) Pty Ltd Newcastle Transport Agreement 2016 - 2019, with specific conditions attached to protect employee entitlements and ensure that the changes were implemented in a fair and reasonable manner. The commission also ordered that both parties adhere to the terms of the modified agreement and that any further disputes be resolved through the established dispute resolution processes.

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