Hanson Construction Materials Pty Ltd

Case

[2023] FWCA 3138

27 SEPTEMBER 2023


[2023] FWCA 3138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hanson Construction Materials Pty Ltd

(AG2023/2924)

HANSON CONSTRUCTION MATERIALS PTY LTD NORTHERN REGION METRO QUARRIES ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries

COMMISSIONER DURHAM

BRISBANE, 27 SEPTEMBER 2023

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region Metro Quarries Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Northern Region Metro Quarries Enterprise Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting part 1.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

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