Holcim (Australia) Pty Ltd

[2013] FWCA 5557

[2013] FWCA 5557

FAIR WORK COMMISSION

DECISION

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

Holcim (Australia) Pty Ltd
(AG2013/7775)

HOLCIM (AUSTRALIA) PTY LTD NEWCASTLE TRANSPORT AGREEMENT 2013-2016

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 12 AUGUST 2013

Application for approval of the Holcim (Australia) Pty Ltd Newcastle Transport Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd Newcastle Transport Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the 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 13.1 of the Agreement. The Transport Workers’ Union of Australia (TWU) being a bargaining representative has provided written support for the undertaking.

[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 TWU has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 19 August 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

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