DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd T/A Holcim (Australia) Pty Ltd
(AG2019/3898)

HUMES BLACKTOWN ENTERPRISE AGREEMENT 2019-2022.

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 NOVEMBER 2019

Application for approval of the Humes Blacktown Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Humes Blacktown Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Holcim (Australia) Pty Ltd, trading as Holcim (Australia) Pty Ltd, applied to the Fair Work Commission for approval of the Humes Blacktown Enterprise Agreement 2019-2022. The application was made under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for certain employees of Holcim, following a change in ownership of the business from Humes Limited to Holcim. The central legal issues for the Commission to decide were whether the application met the requirements of section 230 of the Act and whether the agreement was in the public interest.

The Commission considered the various provisions of the proposed agreement, including wages, hours of work, and other conditions of employment. The applicant argued that the agreement was necessary to ensure the business could continue to operate effectively and provide jobs in the region. The Commission found that the agreement contained terms and conditions that were fair and reasonable, and that it would not have an adverse effect on the employees. The Commission also considered the public interest in maintaining employment and economic stability in the area. After careful consideration of all the evidence and arguments, the Commission concluded that the agreement was in the public interest and approved the application.

The Commission made an order approving the Humes Blacktown Enterprise Agreement 2019-2022, effective from the date of the decision. The order also included provisions for the agreement to be registered with the Fair Work Commission and for the parties to provide ongoing reporting on its implementation. The decision provides clarity and certainty for the parties involved and ensures that the employees will continue to be protected by a fair and reasonable agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established