Application for approval of the Hebden Quarries Pty Ltd Enterprise Agreement 2026

[1] Hebden Quarries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hebden Quarries Pty Ltd Enterprise Agreement 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Cement, Lime and Quarrying Award 2020 (the Award).

[3] The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Notice of Employee Representational Rights (NERR)

[4] The NERR provides that the Agreement proposes to cover 'employees that work at the SCE Hebden site.' Clause 1.2(b) of the Agreement provides the employees who are covered are 'all employees of the company in the classifications contained herein.' It was unclear from the responses in the F17B if any employees in the agreement classifications who received the NERR, were not on the site as described by the NERR.

[5] The Employer provided further information to clarify the employees who received the NERR, including that there are no employees of the Employer who do not work on the SCE Hebden Site. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1]  that this matter constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Reasonable opportunity to consider the Agreement

[6] In the application, it was unclear whether all employees received the relevant information in consideration of paragraphs 4-7 and 15-16 of the Statement of Principles on Genuine Agreement (SOP) and the requirements of s.180(5) of the Act.

[7] The Employer provided further information as to how the information was distributed to the bargaining representatives and to the employees directly. Having regard to this information, I am satisfied that employees had a reasonable opportunity to consider the proposed agreement in accordance with paragraphs 4-7 and 15-16 of the SOP and s.180(5) of the Act.

[8] In the application, the Employer noted that the vote would take place via a show of hands coordinated by the employee bargaining representatives. It was unclear how all employees were informed of the vote and if the vote process was conducted in a free and informed manner.

[9] The Employer provided written submissions to address this issue, including that no company representatives were present during the vote. Having regard to these submissions, I am satisfied that the requirements of paragraphs 15-16 of the SOP have been met.

Inconsistency with the National Employment Standards (NES)

[10] Clause 3.1 of the Agreement provides the ordinary hours of work are a maximum of 40 hours per week (being 38 ordinary hours per week, plus two additional hours for RDO purposes) averaged over six months. This may be inconsistent with s.62 of the Act.

Better Off Overall Test (BOOT) Issue - Casual Minimum Engagement

[11] The Agreement provides no minimum engagement for casuals, whereas the Award provides for a minimum engagement period of three hours.

[12] The Employer provided written submissions and undertakings to address the above NES and BOOT issues. A copy of the undertakings is attached in Schedule 1 of the Agreement. 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 undertakings are taken to be a term of the Agreement.

[13] 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.

[14] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2026. The nominal expiry date of the Agreement is 2 April 2028.

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer