Hanson Construction Materials Summary

[2023] FWCA 195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials

(AG2022/5478)

HANSON BASS POINT QUARRY ENTERPRISE AGREEMENT 2022

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 19 JANUARY 2023

Application for approval of the Hanson Bass Point Quarry Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hanson Bass Point Quarry Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanson Construction Materials. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 17 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Hanson Construction Materials sought approval of the Hanson Bass Point Quarry Enterprise Agreement 2022. The agreement was to cover employees at the Bass Point Quarry in New South Wales. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application. The union argued that the agreement failed to meet certain legal standards, particularly concerning employee entitlements and workplace conditions.

The Commission needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum entitlements, facilitated proper bargaining, and adhered to procedural requirements. The Commission also considered whether the agreement was genuinely negotiated and met the best interests of the employees.

After reviewing the arguments and the evidence presented, the Commission found that the agreement did not meet the criteria for approval. The Commission identified several issues, including inadequate provisions for employee entitlements and procedural shortcomings in the negotiation process. The Commission emphasised that the agreement needed to ensure fair and equitable treatment of all employees, which it did not achieve in this instance. Consequently, the application for approval was dismissed.

The Commission ordered that the Hanson Bass Point Quarry Enterprise Agreement 2022 be not approved. The parties were directed to further negotiate an agreement that met the legal standards and genuinely reflected the interests of the employees. This decision underscored the importance of adhering to legislative requirements in enterprise agreements to protect employee rights and ensure fair workplace practices.

Hanson Construction Materials

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established