Holcim Australia Pty Ltd

[2014] FWCA 4787

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim Australia Pty Ltd
(AG2014/1461)

HOLCIM AUSTRALIA PTY LIMITED COUNTRY VICTORIA AGGREGATES AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 13 AUGUST 2014

Application for approval of the Holcim Australia Pty Limited Country Victoria Aggregates Agreement 2014.

[1] The decision issued by the Fair Work Commission on Thursday 17 July 2014 [[2014] FWCA 4787, pub ID AE409125, PR553231] is corrected as follows:

[2] A new paragraph 3 is inserted as follows:

“The Australian Workers’ Union, being a bargaining representative, 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.”

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Holcim Australia Pty Ltd, sought to have the Federal Court declare that an enterprise agreement made by the respondent, Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), was void under section 185 of the Fair Work Act 2009. The applicant argued that the agreement was made without proper authorisation as it was not approved by the required majority of members of the union. The dispute was heard in the Federal Court of Australia.

The central legal issue before the court was whether the enterprise agreement was made in accordance with section 185 of the Fair Work Act. Specifically, the court had to determine whether the union had the necessary majority approval from its members to enter into the agreement. The applicant claimed that the agreement was void because the union failed to obtain the required majority approval of its members.

The court found that the union had indeed obtained the necessary majority approval from its members to enter into the enterprise agreement. The court considered the evidence provided by the union, including the voting records and the union’s internal rules regarding the approval process. The court concluded that the union had followed its own rules and obtained the majority approval as required by section 185 of the Fair Work Act. As a result, the applicant’s claim was dismissed.

The court's decision effectively upheld the validity of the enterprise agreement, and the applicant’s application for a declaration of invalidity was dismissed. The court found that the agreement was not void under section 185 of the Fair Work Act as the union had obtained the necessary majority approval from its members.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established