DECISION

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

Holcim (Australia) Pty Ltd
(AG2014/8333)

HUMES (EAGLE FARM & IPSWICH) ENTERPRISE AGREEMENT 2014-2016

Cement and concrete products
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 15 DECEMBER 2014

Application for approval of the Humes (Eagle Farm & Ipswich) Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Humes (Eagle Farm & Ipswich) Enterprise Agreement 2014-2016 (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 and 187 as are relevant to this application for approval have been met.

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ 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 organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 22 December 2014. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Holcim (Australia) Pty Ltd, which applied for the approval of the Humes (Eagle Farm & Ipswich) Enterprise Agreement 2014-2016. The application was heard in the Fair Work Commission, where the central dispute centred on whether the agreement met the necessary legal requirements under the Fair Work Act 2009. The applicants sought to formalise the terms of employment for their employees, which included various conditions such as wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly focusing on whether it met the "better off overall test" as required by section 235 of the Act. The Commission needed to determine if the proposed agreement provided employees with conditions that were no worse than the relevant awards and were sufficiently fair and reasonable. Additionally, the Commission considered whether the agreement was genuinely negotiated between the employer and the relevant employee representatives.

The Commission found that the agreement satisfied the statutory requirements under the Fair Work Act. It was determined that the agreement provided employees with conditions that were at least as good as those in the applicable awards and met the "better off overall test." The Commission also concluded that the agreement was genuinely negotiated, as it was the result of good faith bargaining between the parties. Therefore, the Commission approved the Enterprise Agreement, acknowledging that it provided a fair and reasonable framework for the employment conditions of the employees covered by the agreement.

The Fair Work Commission approved the Humes (Eagle Farm & Ipswich) Enterprise Agreement 2014-2016, confirming its compliance with the Fair Work Act. The approval signifies that the agreement can now be implemented, providing a structured set of employment conditions for the employees involved. This decision ensures that the terms of employment are legally sound and that the parties have genuinely negotiated the terms in good faith.

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