DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2015/6183)

HANSON CONSTRUCTION MATERIALS PTY LTD CLARENCE QUARRY ENTERPRISE AGREEMENT 2015

Quarrying industry
COMMISSIONER ROBERTS	SYDNEY, 1 DECEMBER 2015

Application for approval of the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Clarence Quarry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hanson Construction Materials Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement contains a consultation term at clause 14. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 December 2015. The nominal expiry date is 31 August 2018.

COMMISSIONER

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CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of the Clarence Quarry Enterprise Agreement 2015. The application followed a period of bargaining between the company and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU contested the application on several grounds, including that the agreement did not provide for adequate pay and conditions, and that it failed to address certain workplace safety concerns.

The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing the agreement against various criteria, including whether it provided for minimum rates of pay and conditions, and whether it had been negotiated in good faith. The Commission also considered submissions from both parties, as well as evidence and arguments presented during the hearing.

The Commission found that the agreement did not meet the statutory requirements for approval. It determined that the agreement failed to provide for adequate pay and conditions, and that it did not adequately address workplace safety concerns. The Commission also found that the agreement had not been negotiated in good faith, as the company had failed to provide the union with certain information during the bargaining process. As a result, the application for approval was dismissed.

The Commission ordered that the application be dismissed and that the agreement not be approved. The company was also ordered to pay the union's costs of the application. The decision provides guidance to employers and unions on the requirements for negotiating and approving enterprise agreements under the Fair Work Act.

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