Hanson Construction Materials

[2021] FWCA 6997

[2021] FWCA 6997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials
(AG2021/8496)

HANSON CONSTRUCTION MATERIALS PTY LTD CLARENCE QUARRY ENTERPRISE AGREEMENT 2021

Quarrying industry
COMMISSIONER P RYAN	SYDNEY, 6 DECEMBER 2021

Application for approval of the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2021

[1] Hanson Construction Materials Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Notice of employee representational rights

[2] The notice of employee representational rights (the NERR) was erroneously placed on the Employer’s letterhead and referred to the name of the proposed enterprise agreement as the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2018.

[3] The Employer provided submissions as to these errors on 3 December 2021.

[4] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 that this constitutes minor technical or procedural errors for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[5] As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Sections 186, 187 and 188

[6] 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.

Model Flexibility Term

[7] The Agreement does not contain a flexibility term that meets the requirements of s.203 of the Act. 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.

Section 183 Bargaining representatives

[8] The Australian Workers Union (AWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

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

Approval

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2021. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

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 1   [2019] FWCFB 318.