DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials
(AG2018/7350)

HANSON CONSTRUCTION MATERIALS MELBOURNE METROPOLITAN AGGREGATES ENTERPRISE AGREEMENT – 2018 TO 2021

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 18 APRIL 2019

Application for approval of the Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement - 2018 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement - 2018 to 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanson Construction Materials. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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 25 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials sought approval of the Enterprise Agreement 2018 to 2021 before the Fair Work Commission. The agreement in question involved various terms and conditions affecting employees, and was contested by the Australian Workers' Union who argued that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement provided adequate terms and conditions for employees, particularly in terms of pay rates, working conditions, and dispute resolution mechanisms.

The legal issues the Commission had to address included whether the agreement provided a safety net of minimum entitlements, whether it allowed for genuine flexibility, and if the agreement was in the interests of the employees. The Commission also needed to consider whether the agreement provided for adequate consultation processes and if the agreement's terms met the standards set by the Fair Work Act. The Australian Workers' Union argued that the agreement did not provide sufficient protections and fell short in several areas, including the minimum wage rates and the dispute resolution mechanisms.

In its decision, the Commission carefully examined the provisions of the agreement against the statutory criteria. The Commission found that the agreement did meet the safety net requirement, as it provided for minimum pay rates that were commensurate with the industry standards. The agreement also included provisions for flexibility that were deemed to be reasonable and in the best interests of the employees. Furthermore, the Commission noted that the consultation process provided for in the agreement was robust and allowed for meaningful engagement between the employer and employees. As a result, the Commission approved the agreement, finding that it met all the necessary statutory requirements and provided for fair and reasonable terms and conditions for employees.

Hanson Construction Materials

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established