Application for approval of the B & A Sands Pty Ltd t/as Metro Quarry Sands Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the B & A Sands Pty Ltd t/as Metro Quarry Sands 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 B&A Sands Pty Ltd T/A Metro Quarry Sands (Metro Quarry Sands). The Agreement is a single enterprise agreement.

[2] In response to several issues raised with Metro Quarry Sands in relation to its application, it has provided written undertakings, a copy of which are 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. The views of the bargaining representatives for the Agreement were sought in relation to the undertakings, and none chose to express a view. The undertakings are taken to be a term of the agreement.

[3] One of the undertakings relates to a clause in the Agreement which on its face appeared to allow an employee to elect not to be covered by the Agreement. Such a clause would, if it had such an effect, likely amount to an "unlawful term" within the meaning of s 194(ba) of the Act. Metro Quarry Sands has since clarified the clause is intended to allow an employee to opt out of "grandfathering arrangements" established by a particular clause in the agreement (clause 17), not to opt out of the agreement itself. An undertaking has been provided by Metro Quarry Sands to clarify this: the undertaking provides, among other things, that an employee who elects not to be covered by the clause remains covered by the Agreement. I am satisfied this undertaking resolves the concern.

[4] The other undertakings relate to:

1. Rates of apply that may apply through grandfathering arrangements (including Saturday and Sunday rates);

2. Annualised Salaries;

3. Apprentices

[5] As the Agreement does not contain a complete workplace delegates rights term, Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by clause 27A of the Cement, Lime and Quarrying Award 2020 is taken to be a term of the Agreement.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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