Hanson Construction Materials Pty Ltd [2019] FWCA 6591 (20 September 2019)

Last Updated: 8 August 2020

[2019] FWCA 6591[Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement
Hanson Construction Materials Pty Ltd

(AG2018/7449)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW COUNTRY QUARRY OPERATORS’ AND DRIVERS’ ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2019

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators’ and Drivers’ Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators’ and Drivers’ Enterprise Agreement 2018 (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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

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