Holcim (Australia) Pty Ltd T/A Humes

[2013] FWCA 1129

[2013] FWCA 1129

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
(AG2013/4271)

HOLCIM AUSTRALIA PTY LIMITED ALBION PARK WORKSHOP ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 18 FEBRUARY 2013

Application for approval of the Holcim Australia Pty Limited Albion Park Workshop Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Holcim Australia Pty Limited Albion Park Workshop Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] An undertaking with respect to clause 10 - Disputes procedures, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[3] An undertaking with respect to clause 31 - Annual Leave, the provision of five weeks annual leave for shift workers in accordance with the National Employment Standards, has been provided by the Applicant.

[4] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertakings provided.

[6] Upon inquiry from the Commission with respect to the scope and coverage of employees covered by the Agreement, the Applicant advised that the Agreement covers maintenance trade employees located at the company’s Albion Park depot which is defined at sub clause 3.1(k) of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 25 February 2013. The nominal expiry date of the Agreement is 26 November 2015.

COMMISSIONER

Annexure A

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