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

Printed by authority of the Commonwealth Government Printer

Hanson Construction Materials Pty Ltd applied for approval of the Hanson Construction Materials Pty Ltd WA Sand Operations Agreement 2019. The respondent, being the Director-General of the Department of Biodiversity, Conservation and Attractions, opposed the application on the basis that the agreement would have adverse environmental effects. The matter was heard by the Environmental Protection Authority of Western Australia. The legal issues before the authority were whether the agreement would result in harm to the environment, and if so, whether that harm was outweighed by the benefits of the agreement. The authority considered the environmental impact statement and submissions from both parties. It found that while the agreement would have some adverse environmental effects, these were not significant enough to outweigh the benefits of the agreement. The authority approved the agreement subject to certain conditions designed to mitigate the environmental harm. The authority emphasised the importance of ongoing monitoring and compliance with the conditions. The respondent was not satisfied with the outcome and sought review of the authority’s decision. The court found that the authority had exercised its discretion correctly and upheld the approval of the agreement. The court noted that the authority had considered all relevant factors and had not erred in law. The approval of the agreement was final and binding.

Hanson Construction Materials Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established