DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/6223)

HANSON CONSTRUCTION MATERIALS PTY LTD KULNURA AND BRANDY HILL QUARRIES ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 3 MAY 2018

Application for approval of the Hanson Construction Materials Pty Ltd Kulnura and Brandy Hill Quarries Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Kulnura and Brandy Hill Quarries Enterprise Agreement 2017 (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 Applicant 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 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2018. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Hanson Construction Materials Pty Ltd applied for the approval of the Kulnura and Brandy Hill Quarries Enterprise Agreement 2017. The Fair Work Commission was required to determine whether the enterprise agreement was in the best interests of the employees covered by it. The applicants, Hanson Construction Materials Pty Ltd, argued that the agreement was in the best interests of the employees, while the respondents contended that it was not. The case was heard by the Fair Work Commission, which had to consider the relevant factors in determining whether the agreement was in the best interests of the employees.

The legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it was in the best interests of the employees. The applicants argued that the agreement provided for fair and reasonable terms and conditions for the employees, while the respondents contended that it did not. The court had to consider the relevant factors in determining whether the agreement was in the best interests of the employees, including the nature of the agreement, the bargaining power of the parties, and the interests of the employees.

The court found that the agreement provided for fair and reasonable terms and conditions for the employees and was in their best interests. The court noted that the agreement provided for a pay increase, improved leave entitlements, and a dispute resolution process. The court also noted that the agreement was the result of genuine bargaining between the parties and that the employees had been adequately consulted. The court was satisfied that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Kulnura and Brandy Hill Quarries Enterprise Agreement 2017. The court found that the agreement provided for fair and reasonable terms and conditions for the employees and was in their best interests. The agreement was approved, and the respondents' objections were dismissed.

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