DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2016/7093)

HANSON CONSTRUCTION MATERIALS PTY LTD WA SAND OPERATIONS AGREEMENT 2016

Quarrying industry
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Hanson Construction Materials Pty Ltd WA Sand Operations Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd WA Sand Operations 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 9 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Administrative Appeals Tribunal involved an application by Hanson Construction Materials Pty Ltd for the approval of the Hanson Construction Materials Pty Ltd WA Sand Operations Agreement 2016. The dispute centred on whether the agreement complied with the necessary legislative and regulatory requirements, specifically under the Mining Act 1978 and the Environmental Protection Act 1986. Hanson Construction Materials Pty Ltd sought to extract sand from a designated site in Western Australia, and approval from the relevant authorities was a prerequisite for the operation.

The primary legal issues before the Tribunal were whether the agreement met all statutory obligations and if the environmental impact of the proposed sand extraction was adequately assessed and managed. The Tribunal had to scrutinise the agreement against the legislative framework and regulatory guidelines to determine if Hanson Construction Materials Pty Ltd had demonstrated compliance with all necessary provisions. Additionally, the Tribunal needed to consider the environmental assessments and any potential impacts on the local ecosystem and community.

The Tribunal found that while Hanson Construction Materials Pty Ltd had made efforts to comply with the relevant legislation, there were several deficiencies in the application. The company had not fully addressed certain environmental concerns and had not adequately demonstrated compliance with all statutory requirements. Consequently, the Tribunal rejected the application, noting that without full compliance and a more robust environmental impact assessment, the agreement could not be approved. The Tribunal emphasised the importance of adhering to legislative and regulatory standards to protect both the environment and public interests.

The final orders of the Tribunal were that the application for approval of the Hanson Construction Materials Pty Ltd WA Sand Operations Agreement 2016 be dismissed. The Tribunal recommended that Hanson Construction Materials Pty Ltd revisit the agreement to address the identified deficiencies and resubmit a revised application once all legal and environmental requirements were fully met.

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