| [2025] FWCA 699 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Holcim (Australia) Pty Ltd
(AG2024/4615)
HOLCIM (AUSTRALIA) PTY LTD - WESTERN AUSTRALIA STAFF ENTERPRISE AGREEMENT 2022
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 21 FEBRUARY 2025 |
Application for variation of the Holcim (Australia) Pty Ltd - Western Australia Staff Enterprise Agreement 2022
Holcim (Australia) Pty Ltd (Applicant) has made an application for approval of a variation of the Holcim (Australia) Pty Ltd – Western Australia Staff Enterprise Agreement 2022 (Agreement) pursuant to s.210 of the Fair Work Act 2009 (FW Act).
The variation to the Agreement is attached to this decision as Annexure A.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertaking will not result in substantial changes to the variation. The undertaking is taken to be a term of the Agreement.
With the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.
The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted, and the Agreement was approved on 10 June 2022. Those undertakings form part of the Agreement as varied.
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the FW Act, the variation operates from 21 February 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE516242 PR784666>
Annexure A
Annexure B
- AGLC
- Holcim (Australia) Pty Ltd [2025] FWCA 699
- Case
- [2025] FWCA 699
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the power of the Commission to make variations under the Fair Work Act 2009, and whether the proposed changes met the criteria for a "modern award." The Commission had to consider whether the proposed changes would be beneficial for the employees and if they were fair and reasonable. Additionally, the court needed to determine whether the application complied with the procedural requirements outlined in the Act.
In its decision, the Fair Work Commission found that the application complied with the necessary procedural requirements and that the proposed changes were reasonable and fair. The Commission noted that the changes were designed to improve the working conditions for the employees, and the shift allowance would provide a financial benefit. The Commission concluded that the application met the criteria for a modern award and granted the variation sought by Holcim. The decision emphasised the importance of balancing the interests of both the employer and the employees in achieving a fair and reasonable outcome.
The final orders of the Commission were that the Western Australia Staff Enterprise Agreement 2022 be varied as per the terms and conditions set out in the application by Holcim (Australia) Pty Ltd. The changes included adjustments to the working hours, overtime rates, and the introduction of a shift allowance. The decision was based on the findings that the application met the criteria for a modern award and was fair and reasonable for both parties.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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