Hanson Constructions Materials Pty Ltd

[2013] FWCA 8650

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, 1 NOVEMBER 2013

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

[1] 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).

[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 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.

[4] The Agreement is approved and will operate from 31 October 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

The Fair Work Commission considered an application for the approval of the Enterprise Agreement between Hanson Constructions Materials Pty Ltd and its employees, specifically those working at the Kulnura and Brandy Hill Quarries. The dispute centred on the terms of the agreement and whether it complied with the requirements of the Fair Work Act 2009. The nature of the agreement was to regulate employment terms for the quarry workers, and the application was brought before the Fair Work Commission to ensure the agreement was fair and reasonable for both parties.

The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act, particularly focusing on whether it was made in good faith, whether it contained minimum terms, and if it was procedurally sound. The Commission also had to assess whether the agreement was consistent with the national system of minimum wages and whether it provided for appropriate mechanisms for resolving disputes. Furthermore, the Commission needed to consider whether the agreement adequately protected employees' rights and interests.

The Commission found that the agreement was made in good faith and contained all the required minimum terms. It was procedurally sound, as the necessary steps were followed in its negotiation and the agreement was supported by a majority of the employees. The Commission concluded that the agreement was fair and reasonable, taking into account the nature of the industry and the specific circumstances of the employees. It also found that the agreement did not disadvantage employees and provided for adequate dispute resolution mechanisms. Based on these findings, the Commission approved the Enterprise Agreement, ensuring its compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established