DECISION

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

Hanson Construction Material Pty Ltd
(AG2019/1268)

HANSON CONSTRUCTION MATERIAL PTY LTD TIPPER AND TANKERS AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 28 JUNE 2019

Application for approval of the Hanson Construction Material Pty Ltd Tipper and Tankers Agreement 2019.

[1] An application (Form F16) has been filed by Hanson Construction Material Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Hanson Construction Material Pty Ltd Tipper and Tankers Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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] The Transport Workers’ Union (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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 4 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Material Pty Ltd applied to the Fair Work Commission for approval of the Hanson Construction Material Pty Ltd Tipper and Tankers Agreement 2019. The application was brought under section 234 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it determines that the agreement provides for fair and reasonable pay and conditions. The applicants for the agreement were Hanson Construction Material Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The respondents were the Transport Workers Union and the Australian Manufacturing Workers Union.

The legal issues before the Commission were whether the agreement provided for fair and reasonable pay and conditions and whether the agreement complied with the relevant provisions of the Fair Work Act. The Commission considered the evidence and submissions of the parties and found that the agreement provided for fair and reasonable pay and conditions. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement, which will apply to the employees covered by the agreement from 1 July 2019.

The Fair Work Commission approved the Hanson Construction Material Pty Ltd Tipper and Tankers Agreement 2019. The Commission found that the agreement provided for fair and reasonable pay and conditions and complied with the relevant provisions of the Fair Work Act. The agreement will apply to the employees covered by the agreement from 1 July 2019. The Commission made orders approving the agreement and setting out the effective date and the parties to the agreement.

Hanson Construction Material 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