Adbri Quarries Sydney Pty Ltd

[2025] FWCA 2624

[2025] FWCA 2624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adbri Quarries Sydney Pty Ltd

(AG2025/2448)

ADBRI QUARRIES SYDNEY PTY LTD SAND QUARRY WORKERS ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 6 AUGUST 2025

Application for approval of the Adbri Quarries Sydney Pty Ltd Sand Quarry Workers Enterprise Agreement 2025

1. Adbri Quarries Sydney Pty Ltd has applied for approval of an enterprise agreement known as the Adbri Quarries Sydney Pty Ltd Sand Quarry Workers Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.

2. Adbri Quarries has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. I sought the views of the employee bargaining representative on the undertaking. Pursuant to section 190(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.

3. Clause 9.2 of the Agreement provides that “Workplace Delegates’ Rights will be in accordance with the Award”. The Agreement defines “Award” as the Cement, Lime and Quarrying Award 2020. However, clause 1.4 provides that “any relevant Modern Award will not apply to Employees’ employment with the Employer”. For the avoidance of doubt, clause 28A – Workplace delegates’ rights of the Award is taken to be a term of the Agreement. A copy of that clause is attached to the Agreement.

4. Having regard to the undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.

5. The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 13 August 2025. The nominal expiry date of the Agreement is 27 June 2027.

COMMISSIONER

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Annexure A