Hanson Construction Materials Pty Ltd

[2013] FWCA 5832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/7843)

HANSON CONSTRUCTION MATERIALS PTY LTD METRO QUARRY - RAVENSBOURNE ENTERPRISE AGREEMENT 2013-2016

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 16 AUGUST 2013

Application for approval of the Hanson Construction Materials Pty Ltd Metro Quarry - Ravensbourne Enterprise 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 - Ravensbourne Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clauses 9, 13 and 17 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 23 August 2013. The nominal expiry date of the Agreement is 1 May 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission heard an application by Hanson Construction Materials Pty Ltd for the approval of the Metro Quarry - Ravensbourne Enterprise Agreement 2013-2016. The application was brought under section 233 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it is satisfied that the agreement meets certain criteria, including the "better off overall test" (BOOT). The applicant sought approval of the agreement which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).

The central legal issue before the Commission was whether the proposed enterprise agreement was compliant with the BOOT requirement. This required the Commission to determine if the agreement provided employees with a safety net of minimum wages and conditions and offered them a package of benefits that was better than what they would have received under the applicable awards and the general industrial relations system. The Commission had to assess the agreement's provisions, particularly in relation to wages, hours, and other conditions of employment, to ensure they met the statutory requirements.

In reaching its decision, the Commission examined the terms of the agreement and considered submissions from both the applicant and the CFMEU. The Commission noted that the agreement provided for wage increases above the rate of inflation and included provisions for various allowances and entitlements. The Commission was satisfied that the agreement met the BOOT requirement, as the overall package of benefits provided to employees under the agreement was better than what they would have received under the applicable awards and the general industrial relations system. Consequently, the Commission approved the Metro Quarry - Ravensbourne Enterprise Agreement 2013-2016.

The Commission's final orders included the approval of the Metro Quarry - Ravensbourne Enterprise Agreement 2013-2016, effective from 1 July 2013, and it was to remain in force until 30 June 2016. The approval was subject to the agreement being registered with the Fair Work Commission, and the parties were required to provide the Commission with any necessary information for registration. The agreement was to be binding on all employees covered by the agreement and on Hanson Construction Materials Pty Ltd. The approval was a significant step in ensuring fair and equitable terms and conditions of employment for the workers in the Metro Quarry - Ravensbourne operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established