HEIDELBERG MATERIALS AUSTRALIA PTY LTD SA PLANT SUPERVISORS' AGREEMENT 2025

Application for approval of the Heidelberg Materials Australia Pty Ltd SA Plant Supervisors' Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Heidelberg Materials Australia Pty Ltd SA Plant Supervisors' 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 Heidelberg Materials Australia (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings, a copy of which is provided below 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by clause 27A in the Premixed Concrete Award 2020 is taken to be a term of the Agreement.

[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES): 

• Deduction/withholding of monies due to the employee under the NES on termination: Clause 14.2 states "If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this Agreement or the NES, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period" . This raises the issue that this provision may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

• Public holiday: Clause 22.1 of the Agreement states that public holidays are "Nationally gazetted public holidays and the regional Adelaide Cup are observed as Public Holidays". The Agreement does not provide for an entitlement to any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s.115(b) of the Act.

[6] Noting Clause 35 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES. 

[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 23 March 2026. The nominal expiry date of the Agreement is 1 October 2029.

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