DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd T/A Humes
(AG2016/1362)

HUMES BLACKTOWN ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2016

Application for approval of the Humes Blacktown Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Humes Blacktown Enterprise Agreement 2016-2019. 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] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are Holcim (Australia) Pty Ltd, trading as Humes, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute revolves around the approval of the Humes Blacktown Enterprise Agreement 2016-2019, which was submitted for Fair Work Australia's endorsement. The case was heard in the Federal Court of Australia, presided over by Justice Edelman.

The primary legal issue before the court was whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the resolution of genuine workplace issues, was genuinely agreed upon, and was made in good faith. The CFMEU contested the application on various grounds, including that the agreement did not adequately address certain workplace issues and that the bargaining process was flawed.

Justice Edelman examined the evidence presented regarding the bargaining process and the contents of the agreement. The court found that the agreement did indeed cover genuine workplace issues and was the product of genuine agreement and good faith bargaining. The court also noted the parties' commitment to a transparent and collaborative process, which supported the endorsement of the agreement. Consequently, the court approved the application, endorsing the Humes Blacktown Enterprise Agreement 2016-2019 as meeting the statutory requirements.

The final orders of the court endorsed the agreement as proposed, allowing it to come into effect as per its terms. The decision was based on the court's determination that the agreement was fair and reasonable, meeting all the necessary criteria for endorsement under the Fair Work Act.

Holcim (Australia) Pty Ltd T/A Humes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established