Holcim (Australia) Pty Ltd Summary

[2013] FWCA 8869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2013/11146)

HOLCIM (AUSTRALIA) PTY LIMITED SYDNEY METRO TRANSPORT AGREEMENT 2013-2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Holcim (Australia) Pty Limited Sydney Metro Transport Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Limited Sydney Metro Transport Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Holcim (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2013. The nominal expiry date of the Agreement is 18 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

Holcim (Australia) Pty Ltd applied to the Fair Work Commission for the approval of a workplace agreement with their employees. The dispute centred on the proposed terms of the Sydney Metro Transport Agreement 2013-2016, which sought to alter various employment conditions. The matter was heard by the Fair Work Commission, which had jurisdiction to assess and approve workplace agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed terms of the agreement complied with the provisions of the Fair Work Act and whether they met the requirements for being a "better off overall" agreement. Specifically, the Commission needed to determine if the proposed changes to hours of work, shift patterns, and pay rates provided a sufficient benefit to employees to outweigh any potential disadvantages. The Commission also had to consider the effect of the proposed agreement on employee entitlements and the fairness of the proposed terms.

The Fair Work Commission, after reviewing the submissions from both parties and the evidence provided, concluded that the proposed terms of the Sydney Metro Transport Agreement 2013-2016 did indeed provide a better overall outcome for the employees. The Commission found that the proposed changes to the employment conditions, including the adjustments to hours of work, shift patterns, and pay rates, were reasonable and met the "better off overall" test. The Commission also considered the overall fairness of the agreement and found it to be just and equitable. As a result, the Commission approved the agreement.

The Fair Work Commission approved the Sydney Metro Transport Agreement 2013-2016, finding that it met the legal requirements of the Fair Work Act and provided a better overall outcome for the employees. The agreement was approved and became effective, implementing the proposed changes to employment conditions for the duration of the agreement.

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