Application for approval of the Heidelberg Materials Australia Pty Ltd Eastern Region - Metro Tipper Drivers Enterprise Agreement 2025

[1] Heidelberg Materials Australia Group Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Heidelberg Materials Australia Pty Ltd Eastern Region - Metro Tipper Drivers Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 November 2024 and the Agreement was made on 25 September 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

National Employment Standards (NES) Precedence Term

[3] Clause 25.1(b) provides the use of carer's leave to provide care for a family member who is ill but does not refer to a member of the employee's household or for an expected emergency.

[4] Clause 25.2 provides for compassionate leave, however, the clause is silent in relation to the entitlement applying when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child.

[5] Clause 9.1 refers to "employees working 38 ordinary hours consistent with the NES"...while Clause 9.2 states that "subject to Clause 9.1 above, an employee may work 40 ordinary hours per week where 2 ordinary hours each week will be accumulated..." Clause 9.2 refers to "40 ordinary hours per week", rather than "38 ordinary hours per week, and 2 additional hours", or alternatively "40 hours per week".

[6] These clauses may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 7.2 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[7] Having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Transport Workers Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[9] In accordance with s.201(2), I note that the Agreement covers the TWU.

[10] It was identified that the Agreement submitted in the initiating application contained typographical errors. These typographical errors did not affect the substantive terms of the Agreement. On 27 October 2025, the Employer provided an amended copy of the Agreement.

[11] In the circumstances, I consider it appropriate to allow an amendment of a document relating to a matter before the Commission and do so pursuant to s.586(a) of the Act.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2025. The nominal expiry date of the Agreement is 30 April 2028.

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