| [2025] FWCA 695 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Holcim (Australia) Pty Ltd
(AG2024/4619)
HOLCIM (AUSTRALIA) PTY LTD - QUEENSLAND AND NORTHERN TERRITORY STAFF ENTERPRISE AGREEMENT 2021
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 21 FEBRUARY 2025 |
Application for variation of the Holcim (Australia) Pty Ltd – Queensland and Northern Territory Staff Enterprise Agreement 2021
Holcim (Australia) Pty Ltd (Applicant) has made an application for approval of a variation of the Holcim (Australia) Pty Ltd – Queensland and Northern Territory Staff Enterprise Agreement 2021 (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 15 November 2021. 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
<AE513857 PR784658>
Annexure A
Annexure B
- AGLC
- Holcim (Australia) Pty Ltd [2025] FWCA 695
- Case
- [2025] FWCA 695
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the proposed variations were appropriate under the Act and whether they were in line with the principles of good faith bargaining and fairness. The court had to consider if the changes were necessary due to economic, technological, or other significant changes in the employer’s business and whether they were consistent with the overall terms and conditions of the existing agreement. Additionally, the court needed to assess if the employer had acted in good faith and if the union had been adequately consulted throughout the process.
The court found that the employer had demonstrated that the proposed variations were necessary due to significant changes in the company's operations, including the adoption of new technologies and a restructuring of its workforce. The court was satisfied that the employer had engaged in good faith bargaining and had provided sufficient evidence to support the need for the changes. Furthermore, the court concluded that the variations were consistent with the principles of fairness and were not overly punitive to the employees. Consequently, the court granted the application for variation, allowing the changes to be implemented in the enterprise agreement. This decision ensures that the agreement remains relevant and effective in the context of the evolving business environment.
Orders
Orders of the court
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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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