Application for approval of the Holcim (Australia) Pty Limited - Country Victoria Aggregates Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Holcim (Australia) Pty Limited - Country Victoria Aggregates Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holcim (Australia) Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clauses 8.3(c) and 36.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above and clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and in accordance with s.54, will operate from 12 June 2025. The nominal expiry date of the Agreement is 31 March 2028.

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