Holcim (Australia) Pty Ltd

[2025] FWCA 491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Holcim (Australia) Pty Ltd

(AG2024/4829)

HOLCIM (AUSTRALIA) PTY LTD - VICTORIA STAFF ENTERPRISE AGREEMENT 2024

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

Application for approval of the Holcim (Australia) Pty Ltd - Victoria 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 - Victoria 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

Holcim (Australia) Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009 from the Fair Work Commission. The dispute involved the proposed Holcim (Australia) Pty Ltd - Victoria Staff Enterprise Agreement 2024. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which raised several objections regarding the agreement's provisions.

The primary legal issues before the Commission included whether the agreement adequately protected employee entitlements, whether it provided sufficient mechanisms for resolving disputes, and whether it complied with the Fair Work Act's requirements for enterprise agreements. The Commission also considered whether the agreement was in the best interests of the employees covered by it.

The Commission found that the proposed agreement did not fully address some of the union's concerns. However, it also determined that the benefits of the agreement, particularly in terms of improved working conditions and dispute resolution processes, outweighed the objections raised. The Commission was satisfied that the agreement met the statutory requirements and was in the best interests of the employees. Consequently, the Commission approved the application, and the enterprise agreement was registered.

The final orders of the Commission were that the Holcim (Australia) Pty Ltd - Victoria Staff Enterprise Agreement 2024 be approved and registered 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