Hanson Construction Materials Pty Ltd

[2013] FWCA 2369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/626)

HANSON BASS POINT QUARRY ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 18 APRIL 2013

Application for approval of the Hanson Bass Point Quarry Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Bass Point Quarry Enterprise Agreement 2013 (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.

[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. As required by s.201(2) I note that the Agreement covers this organisation.

[1] The Agreement is approved. In accordance with s.54(1) it will operate from 25 April 2013. The nominal expiry date of the Agreement is 17 April 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of the Hanson Bass Point Quarry Enterprise Agreement 2013. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the application's compliance with the Fair Work Act 2009 and the nature of the enterprise agreement's provisions.

The primary legal issues before the court were whether the application complied with the mandatory requirements of the Fair Work Act 2009, and if the provisions within the enterprise agreement were in the best interests of the employees. This included assessing the agreement's fairness and ensuring it did not undermine the protections provided by the Act.

The court examined the provisions of the enterprise agreement and considered submissions from both parties. It found that the application complied with the requirements of the Act and that the provisions were fair and in the best interests of the employees. The court was satisfied that the agreement did not undermine the protections provided by the Act and approved the application. The court ordered that the Hanson Bass Point Quarry Enterprise Agreement 2013 be approved as a registered agreement 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