Holcim (Australia) Pty Ltd

[2013] FWCA 1650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd
(AG2013/5596)

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

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 18 MARCH 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2013-2016 (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) Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 18 March 2013 and, in accordance with s.54 of the Act, will operate from 25 March 2013. The nominal expiry date of the Agreement is 24 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2013-2016. The applicant was represented by Mr. J. T. O’Brien, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, was represented by Ms. G. E. Williams. The application related to an enterprise agreement, which was the subject of a certified agreement. The application was for approval of the agreement as a single, certified agreement.

The central legal issue was whether the agreement could be approved under the Fair Work Act 2009. The applicant argued that the agreement was a genuine enterprise agreement, meeting all the statutory requirements for approval. The respondent contended that certain provisions within the agreement were not genuinely agreed to by the employees and that the agreement failed to meet certain legal standards.

The Commission found that the agreement had been genuinely agreed upon by the parties. The Commission determined that all the statutory requirements for approval had been met, including the requirement for the agreement to be in writing and to be made by the employer and the employees. The Commission also found that the provisions of the agreement were consistent with the legal standards set out in the Fair Work Act 2009. The application was approved, and the agreement was registered as a single, certified agreement.

The final orders of the Commission were that the Holcim (Australia) Pty Ltd Melbourne Concrete Drivers’ Agreement 2013-2016 be approved and registered as a single, certified agreement. The agreement was to commence on the first day of the third month after the registration and to remain in force until the first day of the fourth year after the registration. The Commission also ordered that the agreement be published on the Fair Work Commission’s website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established