DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2018/1263)

HOLCIM AUSTRALIA PTY LIMITED GOSNELLS QUARRY AGREEMENT 2017

Quarrying industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 AUGUST 2018

Application for variation of the Holcim Australia Pty Limited Gosnells Quarry Agreement 2017.

[1] An application has been made for approval of a variation to the Holcim Australia Pty Limited Gosnells Quarry Agreement 2017 (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 such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 30 March 2017. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 2 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Holcim (Australia) Pty Ltd applied for a variation of the Holcim Australia Pty Limited Gosnells Quarry Agreement 2017. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees affected by the proposed changes. The central issue before the court was whether the application for variation was procedurally valid and whether the changes proposed by the employer were justified under the existing agreement.

The court examined the procedural requirements for making changes to the agreement and assessed whether the proper consultation processes had been followed. It was established that the employer had engaged in discussions with the union but had not provided sufficient detail to enable meaningful consultation. The court found that the employer had not complied with the necessary procedural steps, rendering the application invalid. Furthermore, the court scrutinised the substantive content of the proposed changes, which included alterations to work hours, conditions, and employee classification. The court held that the proposed changes were not justified under the existing agreement and could not be implemented without proper consultation and agreement.

Consequently, the court dismissed the application for variation of the Holcim Australia Pty Limited Gosnells Quarry Agreement 2017. The decision emphasised the importance of procedural fairness and the necessity for employers to engage in genuine consultation with their employees' representatives. The court's ruling underscored the principle that changes to workplace conditions must be made in accordance with the terms of the existing agreement and through proper consultation processes. The court's decision ensured that the rights of the employees were protected and that the employer's application did not proceed without adhering to the requisite legal standards.

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