DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2018/4974)

HOLCIM AUSTRALIA PTY LIMITED SOUTHERN NSW AGGREGATES ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 DECEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Southern NSW 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement was approved on 14 December 2018 and, in accordance with s.54, will operate from 21 December 2018. The nominal expiry date of the Agreement is 30 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Holcim (Australia) Pty Ltd sought approval of the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2018. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, challenged the application, arguing that the agreement did not meet the standards set by the Fair Work Act 2009. The dispute centred on whether the enterprise agreement appropriately dealt with the employees' working conditions, remuneration, and other employment terms in line with the statutory requirements.

The primary legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions, and if it had been genuinely bargained between the employer and the employees. The Commission had to determine if the agreement covered all the mandated topics, if it adhered to the relevant industrial instruments, and if it was consistent with the Fair Work (Registered Organisations) Act 2009. The decision also required consideration of whether the agreement was made in good faith and without coercion.

The Commission examined the agreement provisions in detail, reviewing the bargaining process and the extent to which the agreement addressed the employees' needs. It considered the evidence presented by both parties and the statutory criteria for approval. The Commission concluded that the agreement was made in good faith, provided fair and reasonable terms, and was consistent with the relevant legislation. The agreement was deemed to cover all the mandated topics and adhered to the applicable industrial instruments. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The Fair Work Commission approved the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2018, determining that it met the legal requirements and appropriately addressed the employees' conditions. The decision was based on the evidence that the agreement was made in good faith, provided fair and reasonable terms, and was consistent with the Fair Work Act 2009.

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