Holcim (Australia) Pty Ltd

[2013] FWCA 5614

FAIR WORK COMMISSION

DECISION

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

Holcim (Australia) Pty Ltd
(AG2013/7650)

HOLCIM (AUSTRALIA) PTY LTD S.E.Q CONCRETE TRANSPORT AGREEMENT 2013-2016

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 13 AUGUST 2013

Application for approval of the Holcim (Australia) Pty Ltd S.E.Q. Concrete Transport Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd S.E.Q. Concrete 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 company has provided a written undertaking in relation to the notice period for probationary employees in clause 30.2.1 of the Agreement. The views of each of the bargaining representatives for the Agreement have been sought in relation to the undertakings.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 August 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd recently appeared before the Australian Industrial Relations Commission to seek approval for their proposed concrete transport agreement. This agreement, covering the period 2013 to 2016, aimed to establish terms and conditions for employees involved in the transportation of concrete. The matter was brought before the commission to ensure the agreement met the necessary legal standards and was in the best interests of the employees and the industry.

The primary legal issues addressed by the commission involved assessing whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the commission examined whether the agreement appropriately covered matters that could be included in a single enterprise agreement, whether the agreement met the requirements for simplicity and transparency, and whether it adhered to the principles of good faith bargaining. The commission also had to determine if the agreement would serve the best interests of the employees involved.

The commission found that the proposed agreement was compliant with the necessary legal standards. The agreement was considered to be appropriately scoped, covering matters that could reasonably be included in a single enterprise agreement. Furthermore, the commission was satisfied that the agreement was simple, transparent, and in line with the principles of good faith bargaining. After carefully considering all aspects of the agreement, the commission concluded that it was in the best interests of the employees and the industry. As a result, the commission approved the Holcim (Australia) Pty Ltd S.E.Q. Concrete Transport Agreement 2013 - 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established