Holcim (Australia) Pty Ltd Summary

[2025] FWCA 490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Ltd

(AG2024/4589)

HOLCIM (AUSTRALIA) PTY LTD - NSW/ACT STAFF ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER P RYAN	SYDNEY, 7 FEBRUARY 2025

Application for approval of the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2024

Holcim (Australia) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clause 2.5 of the Agreement provides that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representatives

The CSR, Holcim, Wilmar & Viridian Staff Association known as Salaried Staff United (CSRHSA) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the CSRHSA.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 7 February 2029.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2024. The application was made by Holcim (Australia) Pty Ltd, and the Fair Work Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The dispute primarily revolved around whether the agreement adequately covered all relevant terms and conditions of employment and whether it complied with the statutory provisions governing enterprise agreements.

The key legal issues before the Commission were whether the agreement satisfied the procedural requirements for approval, including whether it had been appropriately certified as a new agreement or as a variation of an existing agreement. The Commission also needed to assess whether the agreement met the substantive requirements, such as ensuring it did not include terms that were contrary to public policy or that would otherwise undermine the safety and welfare of employees.

The Fair Work Commission determined that the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2024 complied with both the procedural and substantive requirements for approval. The agreement had been certified as a new agreement by an authorised officer and had been properly negotiated between the employer and the relevant employee representatives. The Commission found that the agreement covered all necessary terms and conditions of employment and did not include any provisions that contravened public policy or employee protections. The Commission approved the agreement under the Fair Work Act 2009, affirming its validity and enforceability.

The final orders of the Commission included the approval of the Holcim (Australia) Pty Ltd - NSW/ACT Staff Enterprise Agreement 2024, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and it would govern the employment terms and conditions of the employees covered by the agreement.

Holcim (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established