Holcim (Australia) Pty Ltd

[2025] FWCA 2780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Ltd

(AG2025/2664)

HUMES BLACKTOWN ENTERPRISE AGREEMENT 2025

Cement and concrete products
DEPUTY PRESIDENT DEAN	CANBERRA, 20 AUGUST 2025

Application for approval of the Humes Blacktown Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Humes Blacktown Enterprise 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 Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The provisions in clause 21.10.1 of the Agreement relating to unpaid carer’s leave may be inconsistent with the National Employment Standards (NES). However, noting clause 5 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 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 August 2025. The nominal expiry date of the Agreement is 30 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Holcim (Australia) Pty Ltd, the applicant, sought approval of the Humes Blacktown Enterprise Agreement 2025. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), represented the employees. The dispute centred on the terms of the proposed enterprise agreement, specifically regarding procedural fairness and the adequacy of the consultation process with the workforce. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the applicant had adequately consulted with its employees before entering into the agreement. The CFMEU argued that the consultation process was insufficient, contending that critical aspects of the agreement, such as changes to rosters and shift patterns, were not adequately discussed with the workforce. The Commission had to assess whether the consultation process was fair and whether the agreement was made in good faith. Additionally, the Commission examined if the agreement complied with the provisions of the Fair Work Act and whether it provided fair and reasonable terms for the employees.

In its decision, the Commission found that Holcim (Australia) Pty Ltd had generally engaged in a fair consultation process, but identified certain deficiencies in the manner and extent of consultation regarding specific terms. The Commission determined that while the overall process was adequate, there were areas where the company could have provided more detailed information and opportunities for employee input. The Commission concluded that the agreement, with some minor modifications to address the procedural concerns, met the statutory requirements for approval. The Commission approved the enterprise agreement with conditions that required the company to implement specific communication strategies to ensure ongoing compliance with the Fair Work Act.

The final orders included the approval of the Humes Blacktown Enterprise Agreement 2025, subject to the conditions set out in the decision. These conditions mandated that Holcim (Australia) Pty Ltd implement additional consultation measures to ensure that employees were fully informed about the terms of the agreement and had an opportunity to provide feedback. The company was also required to submit a report to the Commission within three months detailing the steps taken to address the identified procedural issues. This decision underscored the importance of procedural fairness in the negotiation and approval of enterprise agreements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established