Hanson Construction Materials

[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

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).

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2024. Hanson Construction Materials Pty Ltd, the employer, sought approval of the agreement which outlines the terms and conditions of employment for its workers at the Clarence Quarry. The application was contested by a union representing the employees. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it was free from coercion and undue influence.

The primary legal issue for the Commission to determine was whether the enterprise agreement complied with the provisions of the Fair Work Act. This involved assessing whether the agreement contained the mandated minimum terms and conditions, whether it was made in good faith, and whether it had been properly negotiated. The Commission also considered the extent to which the agreement provided for fair and reasonable terms, particularly in light of the economic context and the bargaining power of the parties. Furthermore, the Commission examined whether the union's representation of the employees was legitimate and whether the agreement was properly informed and voluntary.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2024 met the statutory requirements for approval. The Commission was satisfied that the agreement contained all the mandated minimum terms and conditions and that it was made in good faith. The Commission noted the union's legitimate representation of the employees and determined that the agreement was properly informed and voluntary. The Commission also concluded that the agreement provided for fair and reasonable terms, taking into account the economic context and the bargaining power of the parties.

The Commission approved the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2024, effective from the date of the decision. The agreement will now govern the employment terms and conditions of the workers at the Clarence Quarry, providing a framework for their wages, hours of work, leave entitlements, and other employment-related matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established