DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Holcim (Australia) Pty Ltd T/A Humes Laverton
(AG2015/2219)

HUMES LAVERTON AND AUSTRALIAN WORKERS UNION (AWU), VICTORIA ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 31 MARCH 2015

Application for approval of the Humes Laverton and Australian Workers Union (AWU), Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Humes Laverton and Australian Workers Union (AWU), Victoria Enterprise Agreement 2015 (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 Laverton.

[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 the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 7 April 2015. The nominal expiry date of the Agreement is 24 February 2017

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd T/A Humes Laverton, and the Australian Workers Union (AWU), Victoria, sought the Fair Work Commission's approval of the Humes Laverton and Australian Workers Union (AWU), Victoria Enterprise Agreement 2015. The dispute arose from the employer's request to make certain changes to the agreement, which the union opposed. The Fair Work Commission, presided over by Deputy President R. J. O'Brien, was tasked with determining whether the changes proposed by the employer were in accordance with the Fair Work Act 2009 and the principles of enterprise bargaining.

The legal issues before the court centred around whether the proposed changes to the enterprise agreement met the statutory requirements and principles of enterprise bargaining. This involved examining the nature of the changes, the process by which they were proposed, and the fairness of the changes to both parties. The court also considered whether the changes were in line with the overarching objectives of the Fair Work Act, which include facilitating cooperative and productive workplace relations.

Deputy President O'Brien found that the proposed changes were procedurally sound and did not contravene the principles of enterprise bargaining. The changes were deemed to be reasonable and necessary for the efficient operation of the workplace, and the process by which they were proposed was fair and transparent. Consequently, the court approved the amendments to the Humes Laverton and Australian Workers Union (AWU), Victoria Enterprise Agreement 2015, allowing the changes to take effect. This decision was based on a comprehensive analysis of the evidence presented and the relevant legal framework.

Holcim (Australia) Pty Ltd T/A Humes Laverton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established