Holcim (Australia) Pty Ltd Summary

[2014] FWCA 1607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2013/12073)

HOLCIM (AUSTRALIA) PTY LTD - TASMANIA - STAFF AGREEMENT 2013 - 2017

Tasmania
COMMISSIONER LEE	HOBART, 6 MARCH 2014

Application for approval of the Holcim (Australia) Pty Ltd - Tasmania - Staff Agreement 2013 - 2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Holcim (Australia) Pty Ltd - Tasmania - Staff Agreement 2013 - 2017 (the Agreement). The application was made by Holcim (Australia) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The CSR & Holcim Staff Association has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 13 March 2014. The nominal expiry date of the Agreement is 18 December 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Holcim (Australia) Pty Ltd, an employer, made an application for approval of the Holcim (Australia) Pty Ltd - Tasmania - Staff Agreement 2013 - 2017. The application involved employees who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The legal issues before the court encompassed whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement was made in good faith.

The court examined the provisions of the agreement, particularly those concerning redundancy payments, to determine if they were consistent with the provisions of the Fair Work Act. The court considered whether the employer had acted in good faith, as required by the Act, and if the agreement reflected a fair and reasonable bargain. The court also evaluated whether the agreement addressed the needs of both the employer and employees adequately.

Upon reviewing the evidence and submissions, the court found that the agreement was made in good faith and met the requirements of the Fair Work Act. The court approved the agreement, acknowledging that it provided a fair and reasonable framework for the employment relationship between the employer and employees. The court's decision was based on the comprehensive nature of the agreement, which addressed key employment terms and conditions.

The final orders included the approval of the Holcim (Australia) Pty Ltd - Tasmania - Staff Agreement 2013 - 2017, subject to certain conditions and compliance with the Fair Work Act. The court mandated ongoing monitoring to ensure adherence to the agreement's provisions and the protection of employees' rights.

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