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

[2020] FWCA 3543

[2020] FWCA 3543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd T/A Holcim (Australia) Pty Ltd
(AG2020/1676)

HOLCIM AUSTRALIA PTY LIMITED COUNTRY VICTORIA AGGREGATES AGREEMENT 2020

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 6 JULY 2020

Application for approval of the Holcim Australia Pty Limited Country Victoria Aggregates Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Country Victoria Aggregates Agreement 2020 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australian Workers’ Union 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clauses 24.1(e)(ii) and 24.2 – Notice of Termination;

•  Clause 33.3 – Annual Leave;

•  Clause 34.4 – Public Holidays; and

•  Clause 35.9 – Personal Leave.

However, noting the written undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508442  PR720779>

Annexure A