DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2018/3659)

HUMES TAMWORTH AND THORNTON ENTERPRISE AGREEMENT 2018

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JANUARY 2019

Application for approval of the Humes Tamworth and Thornton Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Humes Tamworth and Thornton 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] 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.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 January 2019 and, in accordance with s.54, will operate from 16 January 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Holcim (Australia) Pty Ltd and the Transport Workers Union of Australia. The dispute was about the application for the approval of the Humes Tamworth and Thornton Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The primary legal issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided for minimum terms and conditions of employment, including wages, and if it facilitated a productive workplace relationship between employers and employees.

The commission found that the agreement met the requirements under the Fair Work Act. It provided for a comprehensive set of minimum terms and conditions, including rates of pay, leave entitlements, and other benefits. The agreement also incorporated mechanisms for resolving workplace disputes and ensuring a productive relationship between the parties. The commission was satisfied that the agreement was fair and appropriate, considering the context of the workplace and the bargaining positions of the parties. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Humes Tamworth and Thornton Enterprise Agreement 2018. This decision confirmed that the agreement was valid and binding on the parties. The approval meant that the terms and conditions set out in the agreement would apply to the employees covered by it. This outcome provided certainty and stability for both the employer and the employees, ensuring that their workplace relationship was governed by fair and agreed-upon terms.

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