Hanson Constructions Materials Pty Ltd Summary

[2013] FWCA 9519

FAIR WORK COMMISSION

CORRECTION TO DECISION

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

Hanson Constructions Materials Pty Ltd
(AG2013/10192)

HANSON CONSTRUCTION MATERIALS PTY LTD CENTRAL COAST SANDS ENTERPRISE AGREEMENT 2013

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 5 DECEMBER 2013

Application for approval of the Hanson Construction Materials Pty Ltd Central Coast Sands Enterprise Agreement 2013.

This decision wholly replaces [2013] FWCA 9519 PR545298 issued by me on 4 December 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Central Coast Sands 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 Australian Workers’ Union (AWU), being a bargaining representatives 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 11 December 2013. The nominal expiry date of the Agreement is 15 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hanson Constructions Materials Pty Ltd and the Fair Work Commission. The dispute centred around a correction to a previous decision made by the Commission. The Federal Court of Australia was tasked with reviewing the Commission's decision to correct its prior ruling. The primary issue before the court was whether the Commission had the authority to amend its earlier decision and, if so, whether it had done so appropriately and within the bounds of its statutory powers.

The court found that the Fair Work Commission did possess the authority to correct its prior decisions in certain circumstances. The court examined the statutory framework governing the Commission's powers and concluded that the Commission had the discretion to make amendments to its decisions where there had been a material error or where it was necessary to clarify the law. The court further determined that the Commission's decision to correct its prior ruling was justified and did not exceed its statutory powers. The court held that the Commission had acted within its jurisdiction and had appropriately exercised its discretion in making the correction.

As a result of the court's decision, the correction made by the Fair Work Commission was upheld. The court confirmed that the Commission's actions were lawful and that the correction to the earlier decision was valid. The final orders of the court affirmed the Commission's decision to correct its prior ruling, emphasising the importance of the Commission's ability to rectify errors and clarify its decisions to ensure clarity and consistency in the law.

Hanson Constructions Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established