Holcim (Australia) Pty Ltd T/A Holcim Australia

[2017] FWCA 6049

[2017] FWCA 6049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Holcim (Australia) Pty Ltd T/A Holcim Australia
(AG2017/5169)

HOLCIM AUSTRALIA - ALBION PARK AGGREGATES TRANSPORT ENTERPRISE AGREEMENT 2013

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 NOVEMBER 2017

Termination of the Holcim Australia - Albion Park Aggregates Transport Enterprise Agreement 2013.

[1] On 30 October 2017, Holcim (Australia) Pty Ltd T/A Holcim Australia (Holcim) applied for the termination of the Holcim Australia - Albion Park Aggregates Transport Enterprise Agreement 2013 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties. The Transport Workers’ Union of Australia indicated in an email to my chambers on 17 November 2017 that it did not oppose the application, subject to Holcim providing the following undertaking:

‘Should Holcim (Australia) Pty Ltd T/A Holcim Australia (Holcim) again employ drivers at its workplaces at Albion Park, NSW, within five years from the date of the termination of the Holcim Australia – Albion Park Aggregates Transport Enterprise Agreement 2013 (2013 Agreement), Holcim undertakes that any new Enterprise Agreement made to cover those employees will contain at least the same wages and conditions as those contained in the Agreement.’

[3] Holcim provided that undertaking by return email later on 17 November 2017. A copy is retained on the Commission’s file for this application.

[4] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

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