Hanson Construction Materials Pty Ltd

[2013] FWCA 6155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/8591)

HANSON CONSTRUCTION MATERIALS PTY LTD METRO QUARRY - NERANG ENTERPRISE AGREEMENT 2013-2016

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 26 AUGUST 2013

Application for approval of the Hanson Construction Materials Pty Ltd Metro Quarry - Nerang Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Metro Quarry - Nerang Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clauses 9, 13 and schedule A has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2013. The nominal expiry date of the Agreement is 27 June 2016.

SENIOR DEPUTY PRESIDENT

Annexure A

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 a proposed enterprise agreement with its employees. The proposed agreement was for the Metro Quarry at Nerang and covered the period from 2013 to 2016. The dispute centered around the terms and conditions of employment stipulated in the agreement, particularly those relating to pay rates, allowances, and conditions of work.

The legal issues before the court involved whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it provided for a fair and reasonable method of determining pay and conditions. This included assessing if the agreement contained the necessary "protected action provisions" to ensure that employees were not unfairly disadvantaged by the terms of the agreement.

The Fair Work Commission found that the proposed enterprise agreement met the criteria for approval. It included provisions that allowed for fair and reasonable determination of pay and conditions, and it contained the required protected action provisions. The Commission was satisfied that the agreement would not lead to any adverse consequences for the employees and that it provided a fair and reasonable framework for the employment relationship during the specified period. The Commission approved the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established