Holcim Australia Pty Ltd T/A Humes

[2013] FWCA 3533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Holcim Australia Pty Ltd T/A Humes
(AG2013/6623)

HUMES BLACKTOWN ENTERPRISE AGREEMENT 2013-2016

Cement and concrete products
COMMISSIONER MACDONALD	SYDNEY, 5 JUNE 2013

Application for approval of the Humes Blacktown Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Humes Blacktown Enterprise Agreement 2013-2016 (the Agreement). The application was made by Holcim Australia pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[1] The Agreement is approved in accordance with s.54 of the Act and will operate from 12 June 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by Holcim Australia Pty Ltd, trading as Humes, to have the Humes Blacktown Enterprise Agreement 2013-2016 approved. This agreement was submitted in accordance with the requirements of the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the "better off overall test" (BOOT) as required by the legislation.

The primary legal issue the FWC had to address was whether the terms of the enterprise agreement provided employees with a better overall outcome compared to the applicable industrial instrument. This involved examining whether the proposed changes to wages, conditions, and other employment terms would result in an overall improvement for the employees involved. The FWC also had to consider if the agreement complied with the procedural fairness requirements, including proper consultation with the employees and their representatives.

In its decision, the FWC found that the proposed agreement did meet the BOOT, as it provided employees with a net gain in their employment terms. The FWC noted that the agreement included wage increases, improved shift patterns, and other benefits that collectively resulted in a favourable outcome for the employees. The FWC also concluded that the procedural fairness requirements had been met, as the company had adequately consulted with the employees and their representatives during the negotiation process. Consequently, the FWC approved the Humes Blacktown Enterprise Agreement 2013-2016, and it came into effect on the specified date.

The FWC ordered that the Humes Blacktown Enterprise Agreement 2013-2016 be approved and registered as per the provisions of the Fair Work Act 2009. The agreement was to be binding on all employees covered by the agreement and would replace any previous enterprise agreements or industrial awards in relation to the employees' terms and conditions of employment. The FWC also directed that any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established