Hanson Construction Materials Pty Ltd

[2013] FWCA 5833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/7825)

HANSON CONSTRUCTION MATERIALS PTY LTD METRO QUARRY - WOLFFDENE WORKPLACE 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 - WOLFFDENE 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 - WOLFFDENE Workplace 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

Price code A, AE403190 PR540383>

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of a workplace agreement relating to its Metro Quarry. The applicant and the union representing the workers had reached an agreement that was subject to approval by the Commission. The union argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the statutory requirements for approval and whether it provided for terms and conditions of employment that were no worse off overall than the relevant award or registered agreement.

The Commission held that the agreement complied with the statutory requirements for approval and that the terms and conditions of employment provided for in the agreement were no worse off overall than those provided by the relevant award. The Commission noted that the agreement contained terms and conditions that were better than those in the award, including provisions for increased wages, improved leave entitlements, and better redundancy provisions. The Commission also found that the agreement contained provisions for the protection of employees' rights and interests, including provisions for dispute resolution and consultation. The Commission approved the agreement, finding that it met the requirements for approval under the Fair Work Act.

The Commission made an order approving the Hanson Construction Materials Pty Ltd Metro Quarry - WOLFFDENE Workplace Agreement 2013-2016, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of overtime rates and the provision of paid parental leave. The applicant and the union were directed to negotiate and reach agreement on the modifications within a specified timeframe. The Commission also made orders for the registration of the agreement and the revocation of the previous enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established