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austlii:cth/FWCA/2025/2696
General information, not legal advice.
FWCA
2025-08-12
Commissioner P
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
HEIDELBERG MATERIALS EASTERN REGION TECHNICAL OPERATIONS ENTERPRISE AGREEMENT 2025
Application for approval of the Heidelberg Materials Eastern Region Technical Operations Enterprise Agreement 2025
[1] Heidelberg Materials Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Heidelberg Materials Eastern Region Technical Operations Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]
[4] I observe that clauses 26.5 and 26.6 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Australian Workers' Union (AWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
[6] In accordance with s.201(2), I note that the Agreement covers the AWU.
[7] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 30 June 2028.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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