Hanson Construction Materials Pty Ltd

[2015] FWCA 8734

[2015] FWCA 8734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2015/6815)

HANSON CONSTRUCTION MATERIALS PTY LTD METROPOLITAN QUARRY AGREEMENT 2015

Quarrying industry
COMMISSIONER ROE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the HANSON CONSTRUCTION MATERIALS PTY LTD METROPOLITAN QUARRY AGREEMENT 2015.

[1] An application has been made for approval of an enterprise agreement known as the HANSON CONSTRUCTION MATERIALS PTY LTD METROPOLITAN QUARRY AGREEMENT 2015 (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. 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.

[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.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.

[5] 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.

[6] The Agreement was approved on 18 December 2015 and, in accordance with s.54, will operate from 25 December 2015. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417159  PR575160>