DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2017/1803)

HOLCIM AUSTRALIA PTY LIMITED COUNTRY VICTORIA AGGREGATES AGREEMENT 2017

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 13 JUNE 2017

Application for approval of the Holcim Australia Pty Limited Country Victoria Aggregates Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Country Victoria 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.

[2] The Applicant 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.

[4] The Australian Workers Union (AWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 20 June 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd recently sought approval from the Fair Work Commission for the Holcim Australia Pty Limited Country Victoria Aggregates Agreement 2017. The application involved the approval of an enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other matters, for employees within the Holcim Australia Pty Limited operations in Country Victoria.

The central legal issues revolved around whether the agreement met the "no disadvantage test" under section 233 of the Fair Work Act, and whether it contained all the required "protected actions" as per section 231. The court had to assess if the agreement would lead to a deterioration in the overall conditions of employment for the employees covered by it, compared to their previous conditions. Additionally, the court examined whether the agreement contained all the necessary provisions as mandated by the Act, such as minimum rates of pay, maximum weekly hours, and leave entitlements.

The Fair Work Commission found that the agreement did not disadvantage employees and contained all the required protected actions. The commission noted that the proposed agreement provided for certain benefits and protections, which were either maintained or improved upon the existing conditions. It was concluded that the agreement did not lead to a deterioration in the overall conditions of employment and met the legislative requirements. Consequently, the application for approval was successful.

The final orders included the approval of the Holcim Australia Pty Limited Country Victoria Aggregates Agreement 2017, with the terms and conditions set out in the agreement to apply to the employees from the effective date specified within the 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