Heidelberg Materials Australia Pty Ltd

[2025] FWCA 2696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Heidelberg Materials Australia Pty Ltd

(AG2025/2501)

HEIDELBERG MATERIALS EASTERN REGION TECHNICAL OPERATIONS ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER P RYAN	SYDNEY, 12 AUGUST 2025

Application for approval of the Heidelberg Materials Eastern Region Technical Operations Enterprise Agreement 2025

Heidelberg Materials Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Heidelberg Materials Eastern Region Technical Operations Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 26.5 and 26.6 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representative

The Australian Workers’ Union (AWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Heidelberg Materials Australia Pty Ltd, the applicant, sought approval of the Heidelberg Materials Eastern Region Technical Operations Enterprise Agreement 2025. The application was heard in the Fair Work Commission, where the applicant argued that the proposed agreement was a fair and reasonable one under the Fair Work Act 2009. The applicant contended that the proposed agreement adequately addressed the needs of its technical operations employees in the eastern region, providing for appropriate terms and conditions of employment while ensuring productivity and operational efficiency.

The legal issues before the Commission included whether the proposed agreement was a "single interest" enterprise agreement, whether it was properly negotiated, and whether it contained terms and conditions that were fair and reasonable. The Commission had to assess the fairness of the agreement's provisions, considering factors such as the bargaining power of the parties, the nature of the workplace, and the overall impact on employees. The applicant argued that the agreement was negotiated in good faith and reflected the interests of both employers and employees, while the respondent argued that certain provisions were unfair and should not be approved.

After considering the submissions and evidence from both parties, the Commission found that the proposed agreement was a single interest enterprise agreement that had been properly negotiated. The Commission also found that the terms and conditions of the agreement were fair and reasonable, taking into account the needs of the workplace and the interests of both employers and employees. The Commission approved the application, noting that the agreement provided for appropriate protections for employees while also ensuring operational efficiency and productivity. The applicant's application was therefore successful, and the Heidelberg Materials Eastern Region Technical Operations Enterprise Agreement 2025 was approved by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established