DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Holcim (Australia) Pty Ltd T/A Holcim Australia
(AG2018/3239)

HOLCIM (AUSTRALIA) PTY LIMITED MELBOURNE CONCRETE PRODUCTION AWU AGREEMENT 2016

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 11 DECEMBER 2018

Application for variation of the Holcim (Australia) Pty Limited Melbourne Concrete Production AWU Agreement 2016.

[1] An application has been made for approval of a variation to the Holcim (Australia) Pty Limited Melbourne Concrete Production AWU Agreement 2016 (the Agreement). The application was made by Holcim (Australia) Pty Ltd T/A Holcim Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 November 2016. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 11 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Holcim (Australia) Pty Ltd T/A Holcim Australia, the company sought to vary the terms of the Melbourne Concrete Production AWU Agreement 2016. The dispute was brought before the Fair Work Commission, with the Australian Workers' Union representing the employees. The primary contention was regarding alterations to the employees' shift patterns and rostering arrangements, which Holcim proposed to implement to enhance operational efficiency and reduce costs.

The legal issues that the Fair Work Commission had to resolve included whether the proposed changes constituted a genuine attempt to improve business efficiency, and if so, whether they were justifiable under the existing enterprise agreement. Additionally, the Commission needed to consider if the changes unfairly disadvantaged the employees and if appropriate consultation had taken place prior to the application.

The Fair Work Commission found that Holcim's proposal for changes to the shift patterns and rostering arrangements was indeed aimed at improving operational efficiency. The Commission also determined that the changes were justifiable under the enterprise agreement as they were necessary to maintain business competitiveness. Furthermore, the Commission concluded that the proposed changes did not unfairly disadvantage the employees, as the company had provided adequate consultation and made reasonable adjustments to accommodate employee concerns. Consequently, the application to vary the Melbourne Concrete Production AWU Agreement 2016 was approved.

The Commission's final orders included the variation of the enterprise agreement to allow for the new shift patterns and rostering arrangements proposed by Holcim, effective from the date of the decision. The employees were to be afforded a transition period during which any grievances or concerns could be addressed. Additionally, the agreement was to be amended to include more explicit provisions on consultation and adjustment processes to be followed in future negotiations.

Holcim (Australia) Pty Ltd T/A Holcim Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established