DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials
(AG2021/4551)

HANSON CONSTRUCTION MATERIALS PTY LTD KULNURA AND BRANDY HILL QUARRIES ENTERPRISE AGREEMENT 2020

Quarrying industry
COMMISSIONER JOHNS	SYDNEY, 19 APRIL 2021

Application for approval of the Hanson Construction Materials Pty Ltd Kulnura and Brandy Hill Quarries Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Kulnura and Brandy Hill Quarries Enterprise Agreement 2020 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2021. The nominal expiry date of the Agreement is 1 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hanson Construction Materials Pty Ltd sought approval for the Kulnura and Brandy Hill Quarries Enterprise Agreement 2020. The applicants were represented by Mr. G.E.M. Smith, and the respondents, the Construction, Forestry, Maritime, Mining and Energy Union, were represented by Ms. J.A. Brown. The dispute centred on whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it appropriately balanced the interests of both the employer and employees.

The primary legal issues before the Commission involved the scrutiny of specific provisions within the agreement concerning remuneration, working conditions, and dispute resolution mechanisms. The respondents argued that certain clauses were unfair and did not provide adequate protections for employees. The applicants contended that the agreement was fair and reasonable, meeting all necessary legal standards and facilitating a balanced relationship between the parties.

The Commission undertook a detailed examination of the agreement, assessing its compliance with the Fair Work Act. It considered the fairness of the remuneration provisions, the reasonableness of the working conditions, and the efficacy of the dispute resolution mechanisms. The Commission found that while the agreement contained some provisions that could be considered contentious, it did not, on balance, exhibit unfair characteristics. Consequently, the Commission approved the Hanson Construction Materials Pty Ltd Kulnura and Brandy Hill Quarries Enterprise Agreement 2020, subject to specific modifications to certain clauses to ensure fairness.

Hanson Construction Materials

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established