DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2018/2728)

HOLCIM (AUSTRALIA) PTY LTD BRISBANE AND GOLD COAST AGGREGATES ENTERPRISE AGREEMENT 2018

Quarrying industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 AUGUST 2018

Application for approval of the Holcim (Australia) Pty Ltd Brisbane and Gold Coast Aggregates Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd Brisbane And Gold Coast 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement was approved on 27 August 2018 and, in accordance with s.54, will operate from 3 September 2018. The nominal expiry date of the Agreement is 10 February 2021.

DEPUTY PRESIDENT

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 Brisbane and Gold Coast Aggregates Enterprise Agreement 2018. The application for approval was made by the company under section 231 of the Fair Work Act 2009. The Australian Manufacturing Workers' Union was the respondent. The nature of the dispute was whether the agreement should be certified as a simple, low-paid, or safety-critical agreement.

The primary legal issue before the Commission was determining the classification of the agreement under the Fair Work Act. Specifically, whether the agreement met the criteria to be classified as a simple, low-paid, or safety-critical agreement, as these classifications impact the conditions and obligations under the Fair Work Act. The Commission considered the nature of the work, the skill level required, and the potential impact on safety to make this determination.

The Fair Work Commission examined the roles and responsibilities outlined in the agreement. It assessed whether the work predominantly involved routine tasks that could be classified as 'simple' or if the work required a higher level of skill or posed significant safety risks, which would classify it as 'low-paid' or'safety-critical' respectively. After reviewing the evidence and submissions from both parties, the Commission found that the work performed by the employees largely involved routine tasks and did not involve significant safety risks or require a high level of skill. Therefore, the Commission approved the agreement as a simple agreement. The Commission's decision was based on the evidence presented and the criteria set out in the Fair Work Act. The final order was that the Brisbane and Gold Coast Aggregates Enterprise Agreement 2018 be approved as a simple agreement.

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