Holcim Australia Pty Ltd T/A Holcim

[2022] FWCA 2894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim Australia Pty Ltd T/A Holcim

(AG2022/3176)

Holcim (Australia) Pty Ltd – South Australia Staff Enterprise Agreement 2021

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 23 AUGUST 2022

Application for approval of the Holcim (Australia) Pty Ltd – South Australia Staff Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd – South Australia Staff Enterprise Agreement 2021 (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 T/A Holcim. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The CSR, Holcim, Wilmar & Viridian Staff Association known as Salaried Staff United being a bargaining representative for the Agreement, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2022. The nominal expiry date of the Agreement is 23 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Holcim Australia Pty Ltd, trading as Holcim, applied to the Fair Work Commission for approval of the Holcim (Australia) Pty Ltd – South Australia Staff Enterprise Agreement 2021. The company sought to have the agreement registered under the Fair Work Act 2009, which would provide for its terms to be binding upon the parties involved. The application followed negotiations between Holcim and the union representing its employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The primary issues before the court were whether the agreement complied with the legal requirements for enterprise agreements under the Fair Work Act and whether the agreement was fairly reached.

The court examined the process by which the agreement was negotiated and the contents of the agreement itself. It was essential to determine whether the agreement was made in good faith, whether it contained all the mandatory terms required by the Fair Work Act, and whether it met the genuine agreement test. The court assessed the evidence presented by both parties and considered submissions on the fairness and legality of the agreement. The court also needed to ensure that the agreement did not contain any provisions that were contrary to public policy or that undermined the objectives of the Fair Work Act.

After reviewing the evidence and submissions, the court concluded that the Holcim (Australia) Pty Ltd – South Australia Staff Enterprise Agreement 2021 was fairly reached and complied with all statutory requirements. The court found that the agreement was made in good faith, contained all mandatory terms, and met the genuine agreement test. The court was satisfied that the agreement was not contrary to public policy and would not undermine the objectives of the Fair Work Act. Consequently, the court approved the agreement and ordered that it be registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established