DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Australia Pty Ltd
(AG2021/40)

HANSON CONSTRUCTION MATERIALS PTY LTD & HYMIX AUSTRALIA PTY LTD - QLD TESTERS AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 FEBRUARY 2021

Application for approval of the Hanson Construction Materials Pty Ltd & Hymix Australia Pty Ltd - QLD Testers Agreement 2020.

[1] Hanson Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd & Hymix Australia Pty Ltd - QLD Testers Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 202(4) and s 205(2) of the Act, the model flexibility term and the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[4] The Agreement was approved on 5 February 2021 and, in accordance with s 54, will operate from 12 February 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Australia Pty Ltd sought approval for the Hanson Construction Materials Pty Ltd and Hymix Australia Pty Ltd - Queensland Testers Agreement 2020. The application was made to the Fair Work Commission, which was required to determine whether the proposed agreement was in the public interest and met the criteria for approval. The legal issues before the Commission were whether the agreement adequately provided for the protection of employees' rights and interests, and whether it complied with the requirements of the Fair Work Act 2009.

The Commission found that the proposed agreement provided for adequate protection of employees' rights and interests, and that it complied with the requirements of the Act. The agreement provided for the establishment of a joint employer-employee committee to oversee the implementation of the agreement and to address any issues that may arise. The Commission also found that the agreement provided for adequate protections for employees who were transferred from one company to the other, and that it provided for adequate consultation and notification requirements. The Commission was satisfied that the agreement was in the public interest and met the criteria for approval.

Accordingly, the Commission approved the proposed agreement. The approval is subject to certain conditions, including the requirement that the parties provide regular reports to the Commission on the implementation of the agreement and the operation of the joint committee. The approval is also subject to a review after three years, to ensure that the agreement continues to meet the requirements of the Act and to provide for the protection of employees' rights and interests.

Hanson Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established