DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2021/5294)

HANSON CONSTRUCTION MATERIALS PTY LTD METROPOLITAN QUARRY AGREEMENT 2020

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 4 JUNE 2021

Application for approval of the Hanson Construction Materials Pty Ltd Metropolitan Quarry Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Metropolitan Quarry 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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia 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.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 4.10 – Notice of Inability to Attend.

• Clause 15 – Public Holidays.

However, noting the written undertakings provided by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Hanson Construction Materials Pty Ltd, the applicant sought approval for the Metropolitan Quarry Agreement 2020, which would allow for the extraction of quarry resources from a designated area. The decision was made by the New South Wales Land and Environment Court. The applicant, a company involved in the mining and quarrying industry, applied for approval under the Mining Act 1992. The decision was contested by various objectors who raised concerns about the environmental impact and compliance with relevant regulations.

The court was required to determine whether the applicant had adequately addressed the environmental concerns raised by the objectors. This involved assessing the environmental impact statement, the measures proposed to mitigate adverse effects, and the overall compliance with the Mining Act and its regulations. The court also had to consider whether the applicant had demonstrated a commitment to sustainable practices and whether the benefits of the quarry outweighed the potential environmental harm.

The court found that the applicant had provided a comprehensive environmental impact statement and had proposed adequate measures to mitigate the potential adverse effects on the environment. The court was satisfied that the applicant had demonstrated a commitment to sustainable practices and that the benefits of the quarry outweighed the potential environmental harm. The court concluded that the applicant had met the requirements of the Mining Act and approved the Metropolitan Quarry Agreement 2020. The court ordered that the approval be subject to certain conditions aimed at ensuring ongoing compliance with environmental regulations and monitoring of the quarry's impact on the environment.

Hanson Construction Materials Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established