Hanson Construction Materials Pty Ltd

[2013] FWCA 9096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/11130)

HANSON CONSTRUCTION MATERIALS PTY LTD WESTERN AUSTRALIAN COUNTRY QUARRIES ENTERPRISE AGREEMENT 2013

Quarrying industry
COMMISSIONER WILLIAMS	PERTH, 20 NOVEMBER 2013

Application for approval of the Hanson Construction Materials Pty Ltd Western Australian Country Quarries Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Western Australian Country Quarries Enterprise Agreement 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2013. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd, the employer, sought approval of a new enterprise agreement with its employees in Western Australia. The Fair Work Commission (FWC) was the tribunal tasked with deciding whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The dispute centred on whether the proposed agreement contained provisions that were contrary to the public interest or not genuinely an agreement.

The primary legal issues before the FWC involved assessing whether the agreement was genuinely an enterprise agreement and whether any of its provisions contravened the public interest. The FWC needed to determine if the agreement was genuinely negotiated between the employer and the employees and if it contained any provisions that were against the public interest, such as those that might undermine workplace health and safety or labour rights.

The FWC found that the agreement was genuinely negotiated and met the criteria for approval under the Act. The tribunal carefully reviewed the terms and conditions of the agreement, ensuring that they did not conflict with public interest considerations. Ultimately, the FWC was satisfied that the agreement was a fair and reasonable outcome for both parties and approved it accordingly. This decision ensures that the enterprise agreement can be implemented, providing a stable framework for the employment relationship between the employer and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established