DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/617)

HANSON CONSTRUCTION MATERIALS PTY LTD CLARENCE QUARRY ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER YILMAZ	MELBOURNE, 25 JUNE 2019

Application for approval of the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2018 (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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union (AWU) 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] The Agreement is approved and, in accordance with s.54, will operate from 2 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Hanson Construction Materials Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between the employer, Hanson Construction Materials Pty Ltd, and the union, Construction, Forestry, Maritime, Mining and Energy Union. The union represented the employees at the Clarence Quarry, and the agreement in question was the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2018. The Commission's task was to determine whether the agreement met the requirements of the Fair Work Act 2009 and to consider if it was in the best interests of the employees.

The central legal issues before the Commission were whether the agreement had been made in accordance with the statutory requirements of the Fair Work Act, whether the agreement contained all the mandatory terms and conditions, and whether the agreement was fair and reasonable. Additionally, the Commission had to ensure that the agreement was properly certified by the Australian Building and Construction Commission, and that it complied with the applicable provisions of the Act, including the provisions relating to the protection of employees' rights.

The Commission found that the agreement was properly certified and met the statutory requirements of the Fair Work Act. The agreement contained all the mandatory terms and conditions, including those relating to wages, hours of work, and leave. The Commission also found that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. In reaching this conclusion, the Commission considered the evidence presented by both parties, including the submissions made by the union and the employer, and the views of the employees. The Commission determined that the agreement was in the best interests of the employees and approved the enterprise agreement.

The final orders of the Commission were that the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2018 be approved, subject to certain conditions, including the requirement that the employer and the union provide written confirmation that they will comply with the agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission and that a copy be provided to the Australian Building and Construction Commission.

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