Hanson Construction Materials Pty Ltd Summary

[2014] FWCA 6774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2014/7579)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW WILLIAMSDALE QUARRY OPERATORS’ AND DRIVERS’ ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 SEPTEMBER 2014

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Williamsdale Quarry Operators’ and Drivers’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Williamsdale Quarry Operators’ and Drivers’ Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 6 October 2014. The nominal expiry date of the Agreement is 1 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Williamsdale Quarry Operators’ and Drivers’ Enterprise Agreement 2014. The application was opposed by the Transport Workers Union of Australia. The matter was heard by the Commission's Deputy President Dr D. A. Griffin. The applicant sought approval of the proposed enterprise agreement under section 232 of the Fair Work Act 2009. The applicant argued that the agreement was a genuine agreement and contained the appropriate protections and entitlements. The union opposed the application, arguing that the agreement failed to appropriately protect the interests of employees, and did not contain appropriate dispute resolution provisions.

The Commission examined the agreement against the requirements of the Fair Work Act 2009. The Commission found that the agreement was a genuine enterprise agreement, and contained the appropriate protections and entitlements. The Commission also found that the agreement contained appropriate dispute resolution provisions, and that the union's arguments were not well founded. The application was therefore approved.

The Commission approved the application for the agreement to be registered. The union's objections were rejected. The agreement was registered, and came into effect on 1 April 2014.

Hanson Construction Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established