Hanson Construction Materials Pty Ltd

[2017] FWCA 1597

[2017] FWCA 1597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/568)

HANSON BASS POINT QUARRY ENTERPRISE AGREEMENT 2016

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 20 MARCH 2017

Application for approval of the Hanson Bass Point Quarry Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Bass Point Quarry Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 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 of the Act, will operate from 27 March 2017. The nominal expiry date of the Agreement is 17 April 2019.

COMMISSIONER

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