BGC Australia Pty Ltd T/A BGC Cement

[2025] FWCA 3345

[2025] FWCA 3345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

BGC Australia Pty Ltd T/A BGC Cement

(AG2025/3076)

BGC CEMENT ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER LIM	PERTH, 6 OCTOBER 2025

Application for approval of the BGC Cement Enterprise Agreement 2025

1. BGC Australia Pty Ltd T/A BGC Cement (the Applicant) has made an application for the approval of an enterprise agreement known as the BGC CEMENT ENTERPRISE AGREEMENT 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant 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.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 5.1.2 of the Agreement states that a full-time employee means an employee who works an average of 40 hours a week.

(b)Clause 7 of the Agreement states that the employer may require an employee to work a reasonable amount of additional hours due to operational requirements and the nature of the industry. Additionally, it states that ‘no employee covered by this Agreement shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation, or restriction upon the working of overtime in accordance with the requirements of this clause 7.’

(c)Clause 21 of the Agreement states that if an employee undergoes training that exceeds $800 and voluntarily terminates their employment within 12 months of completing the course, the employee shall be required to reimburse the full cost of the training on or before the termination date. Further, that the employer reserves the right to deduct the repayment amount from any final payments owing to the employee, including but not limited to accrued leave entitlements and final salary.

1. However, I am satisfied that under clause 2.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. Pursuant to s.202(4) of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. The Agreement was approved on 6 October 2025 and, in accordance with s 54, will operate from 13 October 2025. The nominal expiry date of the Agreement is 8 September 2028.

COMMISSIONER

ANNEXURE A

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