Hanson Construction Materials Pty Ltd

[2019] FWCA 8667

[2019] FWCA 8667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/4637)

HANSON CONSTRUCTION MATERIALS PTY LTD WA SAND OPERATIONS AGREEMENT 2019

Quarrying industry
COMMISSIONER PLATT	ADELAIDE, 23 DECEMBER 2019

Application for approval of the Hanson Construction Materials Pty Ltd WA Sand Operations Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd WA Sand Operations Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hanson Construction Materials Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 December 2019.

[3] On 19 December 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 December 2019. The undertaking deals with the following topics:

•  The definition of a shift worker in clause 6.2.9 will be for the purposes of the National Employment Standards (NES).

•  The Applicant has inserted a NES precedence clause.

•  Part-time and casual employees will be engaged for a minimum of 3 hours.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 9 November 2022.

COMMISSIONER

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