Hanson Construction Materials Pty Ltd

[2024] FWCA 1262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2024/918)

HANSON CONSTRUCTION MATERIALS PTY LTD METROPOLITAN QUARRY AGREEMENT 2023

Building services
COMMISSIONER LIM	PERTH, 11 APRIL 2024

Application for approval of the Hanson Construction Materials Pty Ltd Metropolitan Quarry Agreement 2023

Hanson Construction Materials Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Metropolitan Quarry Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

The notice of employee representational rights for the Agreement contained the Applicant’s letterhead. This is not in compliance with the prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor technical error that would not have disadvantaged employees and exercise my discretion to disregard it pursuant to s 188(5).

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s 173(2) was 22 June 2023 and the Agreement was made on 19 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Transport Workers’ Union (TWU), 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), and based on the declaration provided by the TWU, I note that the organisation is covered by the Agreement.

The Agreement was approved on 11 April 2024 and, in accordance with s 54, will operate from 18 April 2024. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Hanson Construction Materials Pty Ltd sought approval for their proposed quarry plan, known as the Metropolitan Quarry Agreement 2023, from the Court of Appeal. The decision was contested by several environmental groups who argued that the quarry would cause significant environmental harm and did not comply with relevant planning laws. The primary focus of the appeal was whether the proposed quarry plan adequately addressed environmental concerns and complied with statutory requirements.

The legal issues before the court revolved around the interpretation and application of the relevant planning legislation and environmental protection laws. Specifically, the court needed to determine whether the quarry plan was consistent with the statutory objectives of sustainable development and environmental protection. The court also had to consider whether the approval process was conducted fairly and whether all relevant environmental impacts were appropriately assessed.

The court found that the quarry plan did not sufficiently address several key environmental concerns, including the impact on local waterways and biodiversity. The court held that the approval process had not adequately considered the potential long-term effects of the quarry on the local environment. Consequently, the court concluded that the approval of the quarry plan was not in accordance with the statutory objectives and was therefore invalid. The decision was quashed, and the matter was remitted back to the original decision-maker for further consideration in light of the court's findings.

No further orders were made regarding the approval of the quarry plan, as the matter was remitted for further assessment. The court emphasised the importance of comprehensive environmental impact assessments and adherence to statutory objectives in future decision-making processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established