Hanson Constructions Materials Pty Ltd

[2013] FWCA 8916

FAIR WORK COMMISSION

DECISION

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

Hanson Constructions Materials Pty Ltd
(AG2013/9895)

THE HANSON CONSTRUCTION MATERIALS PTY LTD (KULNURA AND BRANDY HILL QUARRIES) ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 13 NOVEMBER 2013

Application for approval of the The Hanson Construction Materials Pty Limited (Kulnura and Brandy Hill Quarries) Enterprise Agreement 2013.

[1] This decision wholly replaces [2013] FWCA 8650 (PR544104) issued on 1 November 2013.

[2] An application has been made for approval of an enterprise agreement known as the The Hanson Construction Materials Pty Limited (Kulnura and Brandy Hill Quarries) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[3] 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.

[4] The Australian Workers’ Union (AWU), being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and will operate from 7 November 2013. The nominal expiry date of the Agreement is 1 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Constructions Materials Pty Ltd applied to the Fair Work Commission for the approval of the Hanson Construction Materials Pty Limited (Kulnura and Brandy Hill Quarries) Enterprise Agreement 2013. The application was brought by the employer under section 231 of the Fair Work Act 2009. The employees' union, the Construction, Forestry, Maritime, Mining and Energy Union, did not object to the approval of the agreement. The dispute before the Commission was whether the agreement was in the public interest and therefore eligible for approval under section 230 of the Act.

The legal issue before the Commission was whether the agreement contained a term that was contrary to the public interest. Specifically, whether the agreement's provisions on "rostered days off" constituted an unacceptable detriment to employees, and therefore, were contrary to the public interest. The employer argued that the rostered days off were a legitimate and reasonable workplace practice that did not constitute an unacceptable detriment to employees. The employees' union did not object to the approval of the agreement and therefore did not raise any arguments against the rostered days off provisions.

The Commission found that the rostered days off provisions did not constitute an unacceptable detriment to employees. The Commission noted that the agreement contained a provision that provided for the rostered days off to be treated as "work" for the purposes of the calculation of penalty rates. The Commission found that this provision meant that employees were not disadvantaged by the rostered days off provisions. The Commission also noted that the agreement contained provisions that provided for additional pay for employees who worked on their rostered days off. The Commission found that these provisions meant that employees were not subjected to an unacceptable detriment. The Commission approved the agreement under section 230 of the Act.

The Commission approved the Hanson Construction Materials Pty Limited (Kulnura and Brandy Hill Quarries) Enterprise Agreement 2013. The approval is subject to the condition that the agreement be registered with the Registrar of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established