Holcim (Australia) Pty Ltd Summary

[2013] FWCA 5964

FAIR WORK COMMISSION

DECISION

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

Holcim (Australia) Pty Ltd
(AG2013/7989)

HUMES (EAGLE FARM & IPSWICH) ENTERPRISE AGREEMENT 2013-2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2013

Application for approval of the Humes (Eagle Farm & Ipswich) Enterprise Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe Humes (Eagle Farm & Ipswich) Enterprise Agreement 2013-2014 (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) (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Holcim (Australia) Pty Ltd, the Fair Work Commission was tasked with approving the Humes (Eagle Farm & Ipswich) Enterprise Agreement 2013-2014. The applicant, Holcim (Australia) Pty Ltd, sought approval of the enterprise agreement, which was to govern the terms and conditions of employment for certain employees under the Humes Group. The dispute primarily revolved around whether the proposed terms and conditions of the agreement were fair and reasonable and complied with the relevant legislative provisions.

The central legal issues before the Commission included whether the agreement adequately balanced the interests of both the employer and the employees, and whether the consultation process undertaken by the employer met the statutory requirements. Specifically, the Commission needed to assess if the agreement provided for fair remuneration, reasonable working conditions, and appropriate dispute resolution mechanisms. Additionally, the Commission examined whether the agreement was made in good faith and whether the employer had provided adequate information and consultation to the employees during the negotiation process.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, considering the specific circumstances of the parties involved. The Commission noted that the agreement provided for adequate remuneration, reasonable working conditions, and effective dispute resolution mechanisms. The Commission also determined that the employer had engaged in good faith negotiations and had provided sufficient information to the employees during the consultation process. As a result, the Commission approved the Humes (Eagle Farm & Ipswich) Enterprise Agreement 2013-2014, subject to the terms and conditions set out in the decision.

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