Holcim (Australia) Pty Ltd

[2017] FWCA 3062

[2017] FWCA 3062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2017/1375)

HOLCIM (AUSTRALIA) PTY LTD SOUTH WEST / GIPPSLAND CONCRETE VICTORIA 2017

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 5 JUNE 2017

Application for approval of the Holcim (Australia) Pty Ltd South West / Gippsland Concrete Victoria 2017.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd South West / Gippsland Concrete Victoria 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2017. The nominal expiry date of the Agreement is 12 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE424574  PR593488>

UNDERTAKING TO FAIR WORK COMMISSION FWC Matter No: AG2017/1375

Holcim (Australia) Pty Ltd South West/ Gippsland Concrete Victoria Agreement 2017

I am authorised to provide this undertaking on behalf of Holcim (Australia) Pty Ltd, the employer party to the Holcim (Australia) Pty Ltd South West/ Gippsland Concrete Victoria Agreement 2017

The Employer gives an undertaking that: Clause 4.1

This Agreement commences operation 7 days after it is approved by Fair Work Commission

(‘the Commission”).

Clause 6.1- is no longer applicable

Clause 17

For the purpose of clause 17.4.1.1, employees with between 1 and 2 years’ service are entitled to 4 weeks’ severance pay.

The Employer makes this undertaking according to section 190 of the Fair Work Act (Cth) (the Act). The Employer understands that this undertaking will be taken to be a term of the Agreement pursuant to section 191 of the Act.

Tim Pizer

General Manager- VIC/SA Concrete

25 May 2017