austlii:cth/FWCA/2026/491
General information, not legal advice.
FWCA
2026-03-04
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ADBRI CEMENT KLEIN POINT MINE ENTERPRISE AGREEMENT 2025
Application for approval of the Adbri Cement Klein Point Mine Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Adbri Cement Klein Point Mine Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adbri Limited (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in clauses 27A of the Cement, Lime and Quarrying Award 2020 and 40A of the Manufacturing and Associated Industries and Occupations Award 2020 are taken to be a term of the Agreement.
[4] Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that casual employees are not currently engaged under the Agreement nor is it reasonably foreseeable that they will be engaged. For completeness, I note section 227A of the Act which allows the Commission to reconsider whether the Agreement passes the better off overall test in certain circumstances if there are changes to the patterns of work at a later time.
[5] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act from 11 March 2026. The nominal expiry date of the Agreement is 30 June 2028.

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