Holcim (Australia) Pty Ltd Summary

[2013] FWCA 8398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2013/10918)

HOLCIM (AUSTRALIA) PTY LTD MELBOURNE CONCRETE DRIVERS’ AGREEMENT 2013 - 2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 25 OCTOBER 2013

Application for variation of the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2013 - 2016.

[1] An application has been made for approval of a variation of the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Holcim (Australia) Pty Ltd.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the variation is attached to this decision at Annexure A.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Fair Work Commission presided over an application by Holcim (Australia) Pty Ltd to vary the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2013-2016. The application sought amendments to the employment terms of concrete drivers, including changes to working hours, overtime, shift patterns, and rosters. The dispute centred on whether the proposed changes were reasonable and necessary to adapt to changing business conditions.

The legal issues before the Commission involved assessing the fairness and reasonableness of the proposed changes under the Fair Work Act 2009. The Commission had to determine if the changes were necessary to ensure the business’s viability and whether they were in line with the principles of good faith bargaining and procedural fairness. It also considered the impact of the changes on the employees' terms and conditions of employment, including any potential adverse effects.

The Commission found that the proposed changes were necessary to ensure the viability of the business and were reasonable in the circumstances. It noted that the changes were a result of good faith bargaining between the parties and were intended to address operational challenges faced by Holcim. The Commission concluded that the changes did not unconscionably disadvantage the employees and were fair and reasonable. The application was therefore approved, and the agreement was varied accordingly.

The Commission ordered that the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2013-2016 be varied as per the application, with the changes taking effect from the date of the decision. The variation included amendments to working hours, overtime, shift patterns, and rosters as proposed by Holcim. The decision was binding on all parties and provided a framework for the implementation of the new terms.

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