Adbri Quarries Sydney Pty Ltd Summary

[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

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.
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.
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.
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.
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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Adbri Quarries Sydney Pty Ltd, who sought approval of the proposed Sand Quarry Workers Enterprise Agreement 2025. The application was before the Fair Work Commission, which was tasked with assessing whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The dispute centred around specific provisions within the agreement, particularly those relating to the terms of employment, working conditions, and the rights and obligations of both the employer and the employees.

The primary legal issues for the Commission to address were whether the enterprise agreement contained provisions that were contrary to public policy or otherwise unenforceable, and whether it provided for the fair and reasonable resolution of workplace disputes. This included scrutinising whether the agreement complied with the minimum entitlements and protections stipulated by the Act, and whether it appropriately balanced the interests of both parties.

The Fair Work Commission found that the proposed agreement did not contain any provisions that were contrary to public policy or unenforceable. The agreement was deemed to be fair and reasonable, providing for the effective resolution of workplace disputes. The Commission noted that the agreement provided for minimum entitlements, reasonable working conditions, and appropriate mechanisms for addressing disputes. Given these findings, the Commission approved the Sand Quarry Workers Enterprise Agreement 2025, confirming its compliance with the statutory requirements.

The Fair Work Commission ordered the approval of the Sand Quarry Workers Enterprise Agreement 2025, effective from the date specified within the agreement. This decision was based on the determination that the agreement met all necessary legal criteria and appropriately balanced the rights and obligations of both the employer and the employees.

Adbri Quarries Sydney Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established