Holcim (Australia) Pty Ltd

[2013] FWCA 5614

[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

<Price code g, AE403033  PR540100>