DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2017/1104)

HOLCIM AUSTRALIA - SOUTHERN NSW AGGREGATES TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER ROE	MELBOURNE, 21 APRIL 2017

Application for approval of the Holcim Australia - Southern NSW Aggregates Transport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia - Southern NSW Aggregates Transport Enterprise 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] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 21 April 2017 and, in accordance with s.54, will operate from 28 April 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Holcim Australia - Southern NSW Aggregates Transport Enterprise Agreement 2017. The application was made under section 231 of the Fair Work Act 2009, aiming to have the agreement declared as a registered safety agreement. The nature of the dispute involved the terms and conditions of employment for employees within the Southern NSW aggregates transport sector, and the need for an agreement that ensures safe working practices and conditions.

The legal issues before the court included whether the proposed agreement complied with the relevant provisions of the Fair Work Act, and if the process followed to develop and negotiate the agreement was fair and appropriate. Specifically, the court needed to determine if the agreement provided for adequate safety measures, if there was genuine bargaining between the employer and the employees, and whether the agreement was in the best interest of the employees. The court also had to consider if the agreement met the threshold for being a safety agreement, including the requirement for a majority of employees to vote in favour of the agreement.

The Fair Work Commission found that the agreement was fair and appropriate, and complied with the requirements of the Fair Work Act. The court noted that the agreement contained comprehensive provisions for employee safety, and the process of negotiation was genuine and robust. The majority of employees had voted in favour of the agreement, and it was determined to be in their best interest. Consequently, the court approved the agreement and declared it a registered safety agreement, as requested. The final orders confirmed the registration of the agreement and mandated its implementation by the employer and employees.

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