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

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CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Land and Environment Court for approval of the Hanson Construction Materials Pty Ltd Metropolitan Quarry Agreement 2015, which was made under the Mining Act 1992. The application was opposed by several objectors, including the Hornsby Ku-ring-gai National Parks and Wildlife Service, who argued that the quarry would harm the environment and local community. The court had to decide whether the agreement complied with the Mining Act and if the potential environmental and social impacts were adequately considered.

The court examined the statutory framework and the requirements for approving a quarry agreement under the Mining Act. It assessed the environmental impact assessment reports, public consultation processes, and the measures proposed to mitigate adverse effects. The court also considered the objectors' arguments regarding the adequacy of the impact assessments and the failure to adequately consult with the community. The court found that the agreement was generally in compliance with the statutory requirements, but noted some deficiencies in the environmental assessments and consultation processes. However, it concluded that these issues could be addressed through modifications to the agreement.

The court approved the quarry agreement subject to specific conditions, including more detailed environmental impact assessments and enhanced community consultation processes. The court found that the benefits of the quarry, such as the provision of construction materials, outweighed the potential environmental and social impacts, provided that the conditions were met. The court emphasised the importance of ongoing monitoring and reporting to ensure that the quarry's operations remained within the approved parameters. The final orders included the approval of the quarry agreement with the specified conditions and a requirement for regular reports to the court on compliance with these conditions.

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