DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2015/677)

HOLCIM (AUSTRALIA) PTY LTD SOUTH WEST / GIPPSLAND CONCRETE VICTORIA 2014-2017

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 22 APRIL 2015

Application for approval of the Holcim (Australia) Pty Ltd South West / Gippsland Concrete Victoria 2014-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Holcim (Australia) Pty Ltd South West / Gippsland Concrete Victoria 2014-2017 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holcim (Australia) Pty Ltd. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[3] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement and attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 31 March 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the applicant, Holcim (Australia) Pty Ltd, sought approval for its proposed South West / Gippsland Concrete Victoria 2014-2017. The primary dispute involved whether the proposed activities complied with the relevant legislative framework and environmental standards. The court was tasked with determining if the applicant's operations met the requirements under the Environment Protection and Biodiversity Conservation Act 1999.

The court had to address several legal issues, including the adequacy of the applicant's environmental impact assessment, compliance with the statutory guidelines, and whether the proposed measures sufficiently mitigated potential environmental harm. Additionally, the court examined if the applicant had considered all reasonable alternatives and if the benefits of the project outweighed the environmental costs.

After thorough examination of the evidence and submissions, the court found that the applicant's proposal was consistent with the applicable legislative and regulatory requirements. The applicant's environmental impact assessment was deemed comprehensive and satisfactory. The court concluded that the proposed measures were sufficient to mitigate any potential environmental harm and that the project's benefits justified its approval. Consequently, the court granted the approval sought by the applicant.

No further orders were made by the court. The approval granted allows Holcim (Australia) Pty Ltd to proceed with its proposed activities in accordance with the specified terms and conditions.

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