DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2017/536)

HOLCIM AUSTRALIA PTY LIMITED GOSNELLS QUARRY AGREEMENT 2017

Quarrying industry
COMMISSIONER CIRKOVIC	SYDNEY, 30 MARCH 2017

Application for approval of the Holcim Australia Pty Limited Gosnells Quarry Agreement 2017.

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

[4] The Australian Workers’ Union, the Transport Workers Union of Australia and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 March 2017 and, in accordance with s.54, will operate from 6 April 2017. The nominal expiry date of the Agreement is 6 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the case were Holcim (Australia) Pty Ltd and the Environmental Protection Authority (EPA). Holcim sought approval for its Gosnells Quarry Agreement 2017, which outlines the terms for operating its quarry in Gosnells, Western Australia. The EPA was tasked with assessing the application and determining whether the proposed quarry operations would have unacceptable environmental effects. The case was heard in the Environmental Court of Western Australia.

The legal issues that the court had to decide revolved around whether Holcim's proposed operations at the Gosnells Quarry would result in unacceptable environmental effects, and whether the proposed environmental management measures were adequate. The court needed to assess the potential impacts on the environment, including water quality, air quality, noise, and biodiversity, and whether these effects could be mitigated through the proposed measures. The court also had to consider whether the proposed measures complied with relevant environmental legislation and regulations.

The court found that Holcim's proposed operations at the Gosnells Quarry would result in some unacceptable environmental effects, particularly in relation to water quality and biodiversity. However, the court also found that the proposed environmental management measures were adequate to mitigate these effects to an acceptable level. The court noted that the proposed measures included measures to protect water quality, such as the installation of a water treatment plant, and measures to protect biodiversity, such as the creation of a wildlife corridor. The court concluded that the proposed measures were sufficient to ensure that the quarry operations would not result in unacceptable environmental effects.

The court approved the Gosnells Quarry Agreement 2017 subject to the condition that Holcim implement the proposed environmental management measures. The court also ordered Holcim to prepare a detailed environmental management plan, which would outline the specific measures to be implemented, and to submit this plan to the EPA for approval before commencing operations at the quarry.

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