Holcim (Australia) Pty Ltd Summary

[2014] FWCA 5336

FAIR WORK COMMISSION

DECISION

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

Holcim (Australia) Pty Ltd
(AG2014/6801)

HOLCIM (AUSTRALIA) PTY LTD TAREE CONCRETE TRANSPORT AGREEMENT 2014-2017

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 6 AUGUST 2014

Application for approval of the Holcim (Australia) Pty Ltd Taree Concrete Transport Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd Taree Concrete Transport Agreement 2014-2017 (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 Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 29 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager - NSW/ACT Concrete, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 6 August 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The applicant, Holcim (Australia) Pty Ltd, sought approval from the Fair Work Commission for the Holcim (Australia) Pty Ltd Taree Concrete Transport Agreement 2014-2017. The dispute was related to the terms of employment for drivers employed by the respondent, Holcim (Australia) Pty Ltd. The case was heard in the Fair Work Commission. The central legal issues before the Commission were whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees involved.

In its decision, the Commission examined the provisions of the proposed agreement and the arguments presented by both parties. It was determined that the agreement was consistent with the Fair Work Act and contained terms and conditions that were not less favourable than the applicable awards and the National Employment Standards. The Commission concluded that the agreement would be beneficial for the employees by providing them with better wages and conditions compared to the minimum standards. The Commission approved the agreement, finding that it met the requirements for a modern award and was in the best interests of the employees.

The Fair Work Commission approved the Holcim (Australia) Pty Ltd Taree Concrete Transport Agreement 2014-2017. The Commission found that the agreement was consistent with the Fair Work Act and provided terms and conditions that were not less favourable than the applicable awards and the National Employment Standards. The approval of the agreement was made in the best interests of the employees involved. The Commission's decision was based on the evidence presented and the arguments made by both parties during the hearing.

Holcim (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established