Holcim (Australia) Pty Limited trading as Holcim (Australia) Pty Ltd

[2025] FWCA 3138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Holcim (Australia) Pty Limited trading as Holcim (Australia) Pty Ltd

(AG2025/3001)

HOLCIM (AUSTRALIA) PTY LIMITED - LANG LANG AGREEMENT 2025

Quarrying industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 18 SEPTEMBER 2025

Application for approval of the Holcim (Australia) Pty Limited - Lang Lang Agreement 2025

An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Limited - Lang Lang Agreement 2025 (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 Limited trading as Holcim (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The bargaining representatives have indicated their acceptance of the undertakings provided. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 6.2 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Holcim (Australia) Pty Limited, trading as Holcim (Australia) Pty Ltd, and the Fair Work Commission. The dispute revolved around the approval of a proposed enterprise agreement between the company and its employees, known as the Holcim (Australia) Pty Limited - Lang Lang Agreement 2025. The matter was brought before the Fair Work Commission.

The legal issues before the Commission included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the resolution of employees' disputes, dealt with redundancy and retrenchment, and provided for the protection of employees' interests. The Commission also needed to determine whether the agreement complied with the 'better off overall test', ensuring that employees would be no worse off financially under the new agreement than they would have been under their previous conditions of employment.

The Fair Work Commission, in considering the application, took into account various submissions and evidence provided by both parties. The Commission concluded that the proposed agreement met the necessary criteria for approval and was in compliance with the relevant provisions of the Fair Work Act. It found that the agreement provided for the resolution of employees' disputes, dealt with redundancy and retrenchment, and protected the interests of employees. Additionally, the Commission determined that the agreement passed the 'better off overall test' and was likely to improve the terms and conditions of employment for the majority of employees.

The Fair Work Commission approved the Holcim (Australia) Pty Limited - Lang Lang Agreement 2025, effective from 1 July 2025. This decision allows for the implementation of the new enterprise agreement, which will govern the employment terms and conditions of the employees at the Lang Lang site of Holcim (Australia) Pty Limited for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established