DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Limited
(AG2017/5451)

HANSON CONSTRUCTION MATERIALS PTY LTD SYDNEY SAND OPERATIONS ENTERPRISE AGREEMENT 2017

Quarrying industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Hanson Construction Materials Pty Ltd Sydney Sand Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Sydney Sand Operations Enterprise Agreement 2017 (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 Pty Limited. The Agreement is a single enterprise agreement.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2018. The nominal expiry date of the Agreement is 15 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Limited recently sought approval of an Enterprise Agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which must determine whether the agreement meets the legal criteria for approval. The nature of the dispute revolved around whether the proposed Enterprise Agreement, which covered the Sydney Sand Operations of Hanson Construction Materials Pty Limited, adequately provided for the terms and conditions of employment of the employees involved.

The primary legal issues before the court involved assessing whether the agreement contained all the mandatory terms set out in the Fair Work Act, whether it was free from any unlawful content, and whether the agreement had been made in accordance with the procedural requirements of the Act. Furthermore, the court had to consider whether the agreement would have the effect of significantly diminishing the ability of employees to protect their interests. The court also needed to examine whether the agreement had been genuinely negotiated between the employer and the employees or their representatives.

The Fair Work Commission thoroughly reviewed the agreement and considered the evidence provided by both parties. The Commission found that the agreement met all the statutory requirements, including the mandatory terms, and was free from any unlawful content. The Commission concluded that the agreement did not significantly diminish the employees' ability to protect their interests and that it had been genuinely negotiated. Therefore, the Commission approved the Enterprise Agreement, recognising it as meeting the legal standards set out in the Fair Work Act. The approval allows the agreement to be registered and enforced as a binding contract between Hanson Construction Materials Pty Limited and its employees.

Hanson Construction Materials Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established