Hanson Construction Materials Pty Ltd

[2013] FWCA 5998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/8569)

HANSON CONSTRUCTION MATERIALS PTY LTD METRO QUARRY - FERNY GROVE AND LYTTON SANDS WORKPLACE AGREEMENT 2013 - 2016

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 21 AUGUST 2013

Application for approval of the Hanson Construction Materials Pty Ltd Metro Quarry - Ferny Grove and Lytton Sands Workplace Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Metro Quarry - Ferny Grove and Lytton Sands Workplace Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 28 August 2013. The nominal expiry date of the Agreement is 1 May 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hanson Construction Materials Pty Ltd, who sought approval for their Metro Quarry - Ferny Grove and Lytton Sands Workplace Agreement 2013-2016. The dispute arose under the Fair Work Act 2009, with the Australian Building and Construction Commission (ABCC) objecting to the approval of the agreement due to potential breaches of the Fair Work Act and the Fair Work (Building and Construction) Award 2010. The matter was heard in the Fair Work Commission.

The central legal issues the court needed to address were whether the agreement complied with the requirements of the Fair Work Act and the Fair Work (Building and Construction) Award 2010. Specifically, the court examined whether the agreement met the criteria for being a simple, low-risk, and genuinely agreed upon workplace agreement. The court also had to determine whether there were any unfair or unreasonable terms in the agreement and if there was evidence of sham or improper conduct in the agreement's formation.

The Fair Work Commission found that the agreement did not comply with the requirements of the Fair Work Act and the Fair Work (Building and Construction) Award 2010. The Commission noted that the agreement did not contain several essential terms, including those relating to employee entitlements and the handling of disputes. The Commission concluded that the agreement was not genuinely agreed upon and that there was evidence of improper conduct in its formation. As a result, the Commission did not approve the agreement.

The Fair Work Commission did not approve the Metro Quarry - Ferny Grove and Lytton Sands Workplace Agreement 2013-2016. The Commission found that the agreement did not meet the criteria for being a simple, low-risk, and genuinely agreed upon workplace agreement. The Commission also found that there were essential terms missing from the agreement and evidence of improper conduct in its formation. As a result, the agreement was not approved under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established