Holcim (Australia) Pty Ltd

[2025] FWCA 697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Holcim (Australia) Pty Ltd

(AG2024/4613)

HOLCIM (AUSTRALIA) PTY LTD – SOUTH AUSTRALIA STAFF ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER P RYAN	SYDNEY, 21 FEBRUARY 2025

Application for variation of the Holcim (Australia) Pty Ltd – South Australia Staff Enterprise Agreement 2021

Holcim (Australia) Pty Ltd (Applicant) has made an application for approval of a variation of the Holcim (Australia) Pty Ltd – South Australia 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 23 August 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

Annexure A

Annexure B

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd applied to the Fair Work Commission to vary the Holcim (Australia) Pty Ltd – South Australia Staff Enterprise Agreement 2021. Holcim sought to alter the classification of certain employees from "Production Worker" to "Process Worker", a change which would result in higher wages for the affected employees. The Australian Manufacturing Workers' Union opposed the application, arguing that the proposed changes were unjustified and would not benefit the employees as claimed.

The central issue before the Commission was whether the proposed changes to the classification of the employees were warranted. Holcim contended that the changes were necessary due to changes in the nature of the work performed by the employees, which had become more complex and skilled, warranting a higher classification. The Union argued that the changes were not justified and that the current classification was adequate to cover the work performed by the employees.

The Commission found that the proposed changes to the classification of the employees were justified. The evidence presented by Holcim demonstrated that the nature of the work performed by the employees had indeed changed, becoming more complex and requiring a higher level of skill. The Commission accepted that the current classification did not accurately reflect the work performed by the employees and that a higher classification was warranted. The Commission also considered the impact of the proposed changes on the employees, finding that the changes would result in higher wages for the affected employees and that this was a significant benefit.

The Commission granted the application, varying the Enterprise Agreement to classify the relevant employees as "Process Workers". The changes will take effect from the date of the decision and will result in higher wages for the affected employees. The Union's opposition to the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established