Hanson Construction Materials

[2024] FWCA 3228

[2024] FWCA 3228

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials

(AG2024/2942)

HANSON CONSTRUCTION MATERIALS PTY LTD CLARENCE QUARRY ENTERPRISE AGREEMENT 2024

Quarrying industry
COMMISSIONER ALLISON	MELBOURNE, 17 SEPTEMBER 2024

Application for approval of the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2024

1. Hanson Construction Materials (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single-enterprise agreement known as the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2024 (the Agreement).

1. The Notice of Employee Representational Rights (NERR) issued to the Employees contained the employer’s watermark and was not in the form prescribed by the regulations. However, I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. I note clause 3.1(c) of the Agreement and the signatory page make reference to the Australian Workers’ Union (AWU).  The Employer provided submissions to the effect that the reference to the AWU was an oversight (accidently retained from a previous agreement draft) and that the AWU was not a bargaining representative for the current agreement.  This position was verified by the AWU on 16 September 2024, who confirmed with my Chambers that it does not seek to be covered by the Agreement.

1. The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. However, noting clause 3.3 of the Agreement, I am satisfied that the workplace delegates’ rights term in Clause 27A of the Cement, Lime and Quarrying Award 2020 (the Award) is incorporated into the Agreement.  

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2024. The nominal expiry date of the Agreement is 31 August 2027.

COMMISSIONER

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