Holcim (Australia) Pty Ltd Summary

[2017] FWCA 5625

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Ltd

(AG2017/4165)

Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2017

Quarrying industry
Deputy President Colman	MELBOURNE, 27 OCTOBER 2017

Application for approval of the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2017 (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.

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 and 188 as are relevant to this application for approval have been met.

The Agreement was approved on 27 October 2017 and, in accordance with s.54, will operate from 3 November 2017. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Holcim (Australia) Pty Ltd, the applicant sought approval for the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2017 under the Fair Work Act 2009. The dispute arose from the application to the Fair Work Commission, where the applicant sought to have the agreement made an enterprise agreement. The respondent, the Building and Construction General On-Site Union, contested the application, arguing that certain provisions of the agreement were not compliant with the relevant legislative framework.

The primary legal issue before the court was whether the agreement met the criteria for approval as an enterprise agreement, specifically focusing on the requirement for the agreement to provide for a fair and effective way to resolve disputes. The court had to consider whether the agreement contained appropriate dispute resolution provisions and whether it was consistent with the relevant statutory obligations and principles of fairness and effectiveness.

The court examined the provisions of the agreement and found that while there were some shortcomings, the overall framework provided for a fair and effective resolution of disputes. The court highlighted the importance of the dispute resolution process being accessible, timely, and impartial. The court concluded that, despite the minor deficiencies, the agreement provided a reasonable and fair means of resolving disputes, and thus, it met the statutory requirements for approval. The application was ultimately successful, and the agreement was approved as an enterprise agreement.

The court's final orders included the approval of the Holcim Australia Pty Limited - Dubbo Aggregates Agreement 2017 as an enterprise agreement, with certain conditions to ensure compliance with the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect for a period of five years from the date of approval.

Holcim (Australia) Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established