Heidelberg Materials Australia

[2025] FWCA 2071

[2025] FWCA 2071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Heidelberg Materials Australia

(AG2025/1796)

HEIDELBERG MATERIALS BASS POINT QUARRY ENTERPRISE AGREEMENT 2025

Quarrying industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 JUNE 2025

Application for approval of the Heidelberg Materials Bass Point Quarry Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement to be known as the Heidelberg Materials Bass Point Quarry Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Heidelberg Materials Australia (Employer). The Agreement is a single enterprise agreement.

NERR issue

1. There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] There was also an issue raised by the Commission with the Employer regarding a pre-reform version of the NERR being issued to relevant employees. Having regard to the submissions of the Employer provided on 23 June 2025, I find that these issues constitute minor procedural and/or technical errors. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding these errors.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Coverage of employee organisation(s)

1. The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Cement, Lime and Quarrying Award 2020 is taken to be a term of the Agreement.

Model and/or flexibility clause

1. Pursuant to s.204(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2025. The nominal expiry date of the Agreement is 17 April 2028.

DEPUTY PRESIDENT

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

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