DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2017/669)

HOLCIM AUSTRALIA MELBOURNE AGGREGATES TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 4 APRIL 2017

Application for approval of the Holcim Australia Melbourne Aggregates Transport Enterprise Agreement 2017.

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

[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 is approved and, in accordance with s.54 of the Act, will operate from 11 April 2017. The nominal expiry date of the Agreement is 1 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Holcim (Australia) Pty Ltd, the Full Bench of the Fair Work Commission was tasked with considering an application for the approval of the Holcim Australia Melbourne Aggregates Transport Enterprise Agreement 2017. The application was brought by Holcim, which sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application faced opposition from the Transport Workers Union, which raised concerns about various provisions of the agreement.

The legal issues before the Full Bench centred on whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Key issues included whether the agreement was genuinely negotiated, whether it contained the necessary prescribed pay and conditions, and whether it had been properly certified as a simple greenfield agreement. The opposition also argued that certain provisions were inconsistent with the act and the National Employment Standards.

The Full Bench found that the agreement had been genuinely negotiated, as evidenced by the extensive and documented bargaining process between Holcim and the union. It was also satisfied that the agreement contained all the prescribed pay and conditions and met the requirements for a simple greenfield agreement. The commission dismissed the union's arguments that certain provisions were inconsistent with the act, finding that they did not contravene the National Employment Standards or any other provisions of the Fair Work Act. Consequently, the Full Bench approved the agreement as a registered enterprise agreement. The union's application for costs was also dismissed.

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