Holcim (Australia) Pty Ltd

[2014] FWCA 1078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2013/12865)

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

Cement and concrete products
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 FEBRUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd - Victoria Staff Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Holcim (Australia) Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The CSR & Holcim Staff Association, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 23 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] On 6 February 2014 a second undertaking was provided which is also annexed to this decision and marked “Annexure B”.

[7] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 February 2014. The nominal expiry date of the Agreement is 20 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd applied to the Fair Work Commission for approval of a staff agreement. The application involved a proposed agreement for employees of the company in Victoria, covering the period from 2013 to 2017. The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the criteria for approval, including fairness, and whether it was consistent with the broader industrial relations framework.

The legal issues before the Commission included whether the proposed agreement provided adequate terms and conditions for the employees, if the agreement was negotiated in good faith, and if the process for its negotiation and approval was compliant with the Act. The Commission also needed to determine if the agreement was consistent with the relevant national employment standards and whether it provided for appropriate dispute resolution mechanisms.

In delivering its decision, the Commission examined the details of the proposed agreement and considered submissions from both the applicant and the employees' representatives. The Commission found that the agreement was fair and reasonable, providing for appropriate terms and conditions that were not less favourable than the relevant national employment standards. The Commission also concluded that the agreement was negotiated in good faith and that the process adhered to the requirements of the Act. Based on these findings, the Commission approved the application for the Holcim (Australia) Pty Ltd - Victoria Staff Agreement 2013-2017.

The final orders of the Commission approved the proposed staff agreement, allowing it to be registered and enforceable under the Fair Work Act 2009. The agreement was to apply to the relevant employees from the specified period, providing them with the terms and conditions outlined in the agreement. The decision also noted the importance of continued consultation and negotiation between the parties to address any future issues that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established