DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2019/1252)

HOLCIM AUSTRALIA PTY LIMITED MELBOURNE AGGREGATES ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER BISSETT	MELBOURNE, 27 JUNE 2019

Application for approval of the Holcim Australia Pty Limited Melbourne Aggregates Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Melbourne Aggregates Enterprise Agreement 2018 (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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Holcim Australia Pty Limited Melbourne Aggregates Enterprise Agreement 2018, the matter was brought before the Fair Work Commission. The applicant, Holcim (Australia) Pty Ltd, sought approval for the enterprise agreement, which was intended to govern the employment terms and conditions of its employees within the Melbourne region. The dispute centred on whether the proposed agreement complied with the necessary legal and regulatory requirements for enterprise agreements under the Fair Work Act 2009.

The primary legal issues for the court to decide were whether the agreement met the statutory criteria for an enterprise agreement and if it had been appropriately negotiated and agreed upon. The court had to examine whether the agreement contained all the mandatory terms and conditions as required by the Fair Work Act, and whether it had been made in good faith. Additionally, the court had to ensure that the agreement did not adversely affect employees' rights to a minimum safety net of entitlements.

In delivering its decision, the Fair Work Commission found that the proposed agreement complied with the statutory requirements under the Fair Work Act. The court concluded that the agreement contained all necessary mandatory terms and conditions and was made in good faith. The Commission noted that the agreement had been negotiated in a manner that was fair and transparent, and that it did not result in any employees being worse off than they would have been under the applicable award. Consequently, the court approved the Holcim Australia Pty Limited Melbourne Aggregates Enterprise Agreement 2018.

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