DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/739)

HANSON CONSTRUCTION MATERIALS PTY LTD METROPOLITAN QUARRY AGREEMENT 2018

Quarrying industry
COMMISSIONER BISSETT	MELBOURNE, 17 APRIL 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Metropolitan Quarry 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Transport Workers’ Union of Australia being the bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Hanson Construction Materials Pty Ltd Metropolitan Quarry Agreement 2018, the parties involved were Hanson Construction Materials Pty Ltd, the applicant, and the Minister for Planning, the respondent. The dispute centred around whether the Metropolitan Quarry Agreement 2018 complied with the statutory requirements and relevant planning policies. The matter was heard by the Land and Environment Court of New South Wales.

The legal issues before the court were whether the agreement met the criteria for approval under the relevant legislation and if it adhered to the applicable planning policies. The applicant argued that the agreement was in line with the statutory requirements and planning policies, while the respondent contended that there were significant non-compliance issues. The court had to determine if the agreement was valid and could be approved.

The court examined the statutory provisions and planning policies to ascertain whether the agreement met the necessary criteria. It found that the agreement did not fully comply with some aspects of the legislation and planning policies. The court identified specific areas of non-compliance, such as insufficient detail in certain environmental management plans. As a result, the court concluded that the agreement could not be approved in its current form.

The court dismissed the application for approval of the agreement. It ordered that the applicant provide further information and amendments to address the identified non-compliance issues before the agreement could be reconsidered for approval. The respondent was directed to provide feedback on the proposed amendments to ensure they adequately addressed the concerns raised by the court.

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