DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd T/A Humes
(AG2017/2577)

HUMES IPSWICH ENTERPRISE AGREEMENT 2017-2019

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JULY 2017

Application for approval of the Humes Ipswich Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Humes Ipswich Enterprise Agreement 2017-2019 (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 Humes. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 July 2017 and, in accordance with s.54, will operate from 2 August 2017. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Holcim (Australia) Pty Ltd T/A Humes made an application to the Fair Work Commission for the approval of the Humes Ipswich Enterprise Agreement 2017-2019. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who argued that the agreement was not fairly and properly negotiated. The Fair Work Commission was required to determine whether the agreement had been fairly and properly negotiated and if it met the requirements of the Fair Work Act 2009.

The court considered whether there was evidence of genuine negotiation and whether the agreement met the requirements of the Fair Work Act 2009. The court found that the negotiation process was genuine and that the agreement met the requirements of the Act. The court also found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Humes Ipswich Enterprise Agreement 2017-2019. The court found that the agreement was fairly and properly negotiated and met the requirements of the Fair Work Act 2009. The court also found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The CFMEU's opposition to the agreement was dismissed.

Holcim (Australia) Pty Ltd T/A Humes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established