Adbri Quarries Sydney Pty Ltd Summary

[2025] FWCA 3225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adbri Quarries Sydney Pty Ltd

(AG2025/3097)

ADBRI QUARRIES SYDNEY PTY LTD HARD ROCK QUARRY WORKERS ENTERPRISE AGREEMENT 2025

Cement and concrete products
DEPUTY PRESIDENT GRAYSON	SYDNEY, 23 SEPTEMBER 2025

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

Introduction

Adbri Quarries Sydney Pty Ltd Trading as Aus 10 Rhyolite Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Adbri Quarries Sydney Pty Ltd Hard Rock Quarry Workers Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 July 2025 and the Agreement was made on 10 September 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Section 186, 187 and 188

Having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2025. The nominal expiry date of the Agreement is 26 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Adbri Quarries Sydney Pty Ltd sought approval of the Adbri Quarries Sydney Pty Ltd Hard Rock Quarry Workers Enterprise Agreement 2025. The respondents to the application were the Australian Council of Trade Unions, the Construction, Forestry, Maritime, Mining and Energy Union, and the National Transport Workers Union. The dispute centred on the terms of the proposed enterprise agreement, particularly those relating to wages, hours of work, and the classification of employees.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, and whether it met the "better off overall test". The Commission needed to determine if the agreement provided for terms and conditions that were at least as favourable as the applicable award or registered agreement, and if it provided for a fairer and more efficient workplace. Further, it was necessary to ascertain if the agreement was free from any prohibited content, and if it was certified without modification or not at all.

After considering the submissions and evidence presented by the parties, the Fair Work Commission determined that the proposed enterprise agreement did not meet the requirements of the Act. The Commission found that the agreement contained terms that were less favourable than the applicable award, and that it did not pass the better off overall test. Additionally, the Commission identified that the agreement contained some prohibited content. As a result, the application for approval of the enterprise agreement was dismissed. The Commission did not grant any certification to the proposed agreement, and it remains unregistered.

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