Holcim (Australia) Pty Ltd Summary

[2014] FWCA 789

FAIR WORK COMMISSION

DECISION

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

Holcim (Australia) Pty Ltd
(AG2013/12831)

HOLCIM (AUSTRALIA) PTY LTD - SOUTH AUSTRALIA STAFF ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 FEBRUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd - South Australia Staff Enterprise Agreement 2013 (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] The employer has provided undertakings in the following terms:

“That that rates of pay contained within Appendix A, Clause 1 will only apply to the extent that the Agreement rates provided are higher than those provided under the relevant Modern Awards.

Where the Agreement rates are lower than the relevant Modern Award rates, Holcim commits to ensure that employees are paid in accordance with the relevant Modern Award rates.

Holcim (Australia) Pty Ltd hereby undertakes, for the purpose of approval of the Agreement, that Holcim Super will not be applied as a default fund unless or until it offers a MySuper product.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1a and 1b.

[4] 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 CSR & Holcim Staff Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. 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 February 2014. The nominal expiry date of the Agreement is 12 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd applied to the Fair Work Commission for the approval of the Holcim (Australia) Pty Ltd - South Australia Staff Enterprise Agreement 2013. The application was opposed by the Australian Manufacturing Workers' Union, who argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The issues before the Commission included whether the agreement provided for minimum rates of pay and conditions, and whether it met the 'better off overall test'. The Commission considered the submissions of both parties and the evidence provided, including the terms of the proposed agreement and the views of the employees.

The Commission found that the proposed agreement did provide for minimum rates of pay and conditions and met the 'better off overall test'. The Commission noted that the proposed agreement included provisions for a range of benefits, including wage increases, improved leave entitlements, and better access to training and development opportunities. The Commission also considered the views of the employees, who had voted in favour of the proposed agreement. The Commission concluded that the proposed agreement was in the best interests of the employees and should be approved.

The Fair Work Commission approved the Holcim (Australia) Pty Ltd - South Australia Staff Enterprise Agreement 2013. The Commission found that the agreement provided for minimum rates of pay and conditions and met the 'better off overall test'. The Commission noted that the proposed agreement included provisions for a range of benefits, including wage increases, improved leave entitlements, and better access to training and development opportunities. The Commission also considered the views of the employees, who had voted in favour of the proposed agreement. The Commission concluded that the proposed agreement was in the best interests of the employees and should be approved. The final orders of the Commission were that the proposed agreement be approved and registered as a certified agreement under the Fair Work Act 2009.

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