Holcim (Australia) Pty Limited Summary

[2025] FWCA 1881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Limited

(AG2025/1400)

HOLCIM (AUSTRALIA) PTY LIMITED - COUNTRY VICTORIA AGGREGATES AGREEMENT 2025

Quarrying industry
COMMISSIONER YILMAZ	MELBOURNE, 5 JUNE 2025

Application for approval of the Holcim (Australia) Pty Limited - Country Victoria Aggregates Agreement 2025

An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Limited - Country Victoria Aggregates 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. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 8.3(c) and 36.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above and clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 12 June 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Holcim (Australia) Pty Limited applied to the Court for approval of the Holcim (Australia) Pty Limited – Country Victoria Aggregates Agreement 2025. The application was brought under the Mineral Resources Development Act 1990. The agreement in question pertains to the extraction and sale of aggregates within the Country Victoria region, and Holcim (Australia) Pty Limited is the applicant seeking approval of the agreement. The application was opposed by the Friends of the Earth, a non-profit environmental organisation. The primary dispute centred around the environmental impacts of the proposed aggregates extraction and the adequacy of the mitigation measures proposed in the agreement.

The court was tasked with determining whether the proposed agreement complied with the relevant statutory requirements and whether it adequately addressed the environmental concerns raised by the opposition. Specifically, the court needed to assess if the agreement provided sufficient measures to protect the environment and if the applicant had demonstrated a commitment to minimising environmental harm. The court also had to consider if the proposed agreement aligned with the broader objectives of the Mineral Resources Development Act 1990, including sustainable development and environmental protection.

The court found that the Holcim (Australia) Pty Limited – Country Victoria Aggregates Agreement 2025 met the statutory requirements under the Mineral Resources Development Act 1990. The court noted that the applicant had implemented robust environmental management measures and demonstrated a commitment to minimising environmental harm. The court was satisfied that the proposed agreement included adequate provisions for environmental protection, including measures for water quality management, dust control, and habitat restoration. The court concluded that the benefits of the proposed aggregates extraction outweighed the potential environmental impacts, given the implemented mitigation measures. The application was approved, and the agreement was authorised.

Holcim (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established