Heidelberg Materials Australia Pty Ltd
[2025] FWCA 2163
•2 JULY 2025
| [2025] FWCA 2163 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Heidelberg Materials Australia Pty Ltd
(AG2025/1711)
HEIDELBERG MATERIALS AUSTRALIA PTY LTD BATCHING PLANT AND TECHNICAL SERVICES AGREEMENT 2024
| Cement and concrete products | |
| COMMISSIONER LIM | PERTH, 2 JULY 2025 |
Application for approval of the Heidelberg Materials Australia Pty Ltd Batching Plant and Technical Services Agreement 2024.
Heidelberg Materials Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Heidelberg Materials Australia Pty Ltd Batching Plant and Technical Services Agreement 2024 (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.
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 (Cth) (the Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.
The title of the Agreement on the Notice of Employee Representational Rights (the NERR) is ‘Hanson Construction Materials Pty Ltd Batching Plant and Technical Services Agreement 2024’ whilst the Agreement title is ‘Heidelberg Materials Australia Pty Ltd Batching Plant and Technical Services Agreement 2024’ (emphasis added). Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.
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.
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.
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.
The Agreement does not contain a consultation term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 22 May 2025. Pursuant to s 205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Regulations is taken to be a term of the Agreement.
The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 27A of the Premixed Concrete Award 2020 is taken to be a term of the Agreement.
The Australian Workers’ Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
The Agreement was approved on 2 July 2025 and, in accordance with s 54, will operate from 9 July 2025. The nominal expiry date of the Agreement is 20 December 2027.
COMMISSIONER
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Annexure A
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