Holcim Australia Pty Ltd T/A Holcim Australia Pty Ltd Summary

[2024] FWCA 946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Holcim Australia Pty Ltd T/A Holcim Australia Pty Ltd

(AG2024/607)

HOLCIM AUSTRALIA PTY LIMITED BRISBANE AND GOLD COAST AGGREGATES ENTERPRISE AGREEMENT 2024

Quarrying industry
COMMISSIONER DURHAM	BRISBANE, 15 MARCH 2024

Application for approval of the Holcim Australia Pty Limited Brisbane and Gold Coast Aggregates Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Brisbane and Gold Coast Aggregates Enterprise Agreement 2024 (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 Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 10 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Holcim Australia Pty Ltd, trading as Holcim Australia Pty Ltd, which applied for approval of the Holcim Australia Pty Limited Brisbane and Gold Coast Aggregates Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which is tasked with approving and overseeing enterprise agreements to ensure they comply with the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement met the legal requirements for approval, including the necessity of the agreement to provide for fair and efficient workplace relations, the procedural fairness in its development, and whether it contained all the mandatory terms prescribed by the Fair Work Act.

The Commission examined whether the agreement adequately provided for fair and efficient workplace relations, taking into account the balance of rights and obligations, and whether it included all mandatory terms. It also scrutinised the process through which the agreement was formed to ensure procedural fairness, and whether the agreement was genuinely negotiated and not imposed. The evidence presented included submissions from both parties, the agreement itself, and any relevant supporting documentation. The Commission's reasoning was rooted in ensuring that the agreement did not undermine the protections provided by the Fair Work Act and that the process of its negotiation was fair and transparent.

Following its analysis, the Commission found that the agreement met the necessary criteria for approval. It determined that the agreement provided for fair and efficient workplace relations and included all mandatory terms. The Commission also found that the agreement was genuinely negotiated and that the process was procedurally fair. Consequently, the Commission approved the Holcim Australia Pty Limited Brisbane and Gold Coast Aggregates Enterprise Agreement 2024, confirming its compliance with the requirements of the Fair Work Act.

Holcim Australia Pty Ltd T/A Holcim Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established