Hanson Construction Materials Pty Ltd T/A Hanson

[2024] FWCA 2671

[2024] FWCA 2671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson

(AG2024/2484)

HANSON CONSTRUCTION MATERIALS MELBOURNE METROPOLITAN AGGREGATES ENTERPRISE AGREEMENT – 2024 TO 2027

Quarrying industry
COMMISSIONER FOX	MELBOURNE, 18 JULY 2024

Application for approval of the Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement – 2024 to 2027.

1. An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement – 2024 to 2027 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hanson Construction Materials Pty Ltd T/A Hanson. The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Redundancy: Clause 20.7 provides that ‘Hanson, in a particular redundancy case, may have the general severance pay prescription varied if Hanson obtains mutually acceptable alternative employment for any employee’ (emphasis added). This is likely to be inconsistent with the requirements of s.120 of the Act.

• Substitution of Public Holiday: Clause 38.2 provides that ‘[a]nother day may be substituted for a public holiday by majority agreement’ (emphasis added). This is likely to be inconsistent with s.115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority of employees.

1. However, noting clause 8 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 Australian Workers' Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

1. The Agreement is approved, and in accordance with s 54 of the Act, will operate from 25 July 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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