DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Holcim Australia Pty Ltd
(AG2015/1085)

HOLCIM AUSTRALIA PTY LIMITED SOUTHERN NSW AGGREGATES ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 21 MAY 2015

Approval of the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 May 2015. The nominal expiry date of the Agreement is 30 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Holcim Australia Pty Ltd was the employer and the Construction, Forestry, Maritime, Mining and Energy Union represented the employees. The dispute centred on the approval of the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2015. The union argued that certain provisions of the agreement, specifically those related to the classification and remuneration of employees, did not comply with the relevant legislative provisions and the principles of good faith bargaining.

The primary legal issues before the Commission involved the interpretation of the relevant sections of the Fair Work Act 2009, particularly in relation to the bargaining process and the substantive content of the agreement. The union contended that the employer had failed to bargain in good faith, and that certain terms of the agreement were not reasonably capable of being the subject of an enterprise agreement. The employer, on the other hand, argued that the agreement was the product of genuine negotiations and that it met all legal requirements for approval.

The Fair Work Commission found that the employer had engaged in good faith bargaining and that the agreement was fair and reasonable. The Commission noted that the union had not provided sufficient evidence to support its claims of unfair practices or that the agreement was not reasonably capable of being the subject of an enterprise agreement. The Commission also found that the classification and remuneration provisions were consistent with industry standards and did not unduly disadvantage the employees. The Commission approved the Holcim Australia Pty Limited Southern NSW Aggregates Enterprise Agreement 2015, stating that it met the legal requirements for approval.

The Commission's decision provides guidance on the requirements for approval of enterprise agreements, particularly in relation to good faith bargaining and the substantive content of agreements. The outcome of this case highlights the importance of providing clear and compelling evidence to support claims of unfair practices or non-compliance with the law. The employer can now proceed with the implementation of the approved enterprise agreement, while the employees can rely on the protections and benefits provided by 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