Hanson Construction Materials Pty Ltd Summary

[2013] FWCA 4892

FAIR WORK COMMISSION

DECISION

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

Hanson Construction Materials Pty Ltd
(AG2013/7445)

HANSON CONSTRUCTION MATERIALS PTY LTD PLANT SUPERVISORS' AGREEMENT 2013

Cement and concrete products
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 22 JULY 2013

Application for approval of the Hanson Construction Materials Pty Ltd Plant Supervisors' Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Plant Supervisors' Agreement 2013 (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 Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“Hanson Construction Materials Pty Ltd pays wages on a weekly basis with each pay period operating between Tuesday and Monday. The pay period containing the 21 May 2016 ends on Monday 23 May 2016. As such, the nominal expiry date for the Hanson Construction Materials Pty Ltd Plant Supervisors’ Agreement 2013 shall be 23 May 2016.

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2013. The nominal expiry date of the Agreement is 23 May 2016.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hanson Construction Materials Pty Ltd, sought approval of the Hanson Construction Materials Pty Ltd Plant Supervisors' Agreement 2013. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application, but raised concerns about the agreement's provisions. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including being a genuine agreement, not having a adverse action clause, and meeting the better-off-overall test.

The Commission found that the agreement was a genuine agreement as it was made freely and voluntarily between the parties. It also found that the agreement did not contain an adverse action clause and met the better-off-overall test. The Commission noted that the agreement provided for a number of benefits for the employees, including increased wages and improved working conditions. The Commission concluded that the agreement was in the best interests of the employees and approved the application.

The Commission approved the Hanson Construction Materials Pty Ltd Plant Supervisors' Agreement 2013. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission noted that the agreement provided for a number of benefits for the employees, including increased wages and improved working conditions. The Commission was satisfied that the agreement was a genuine agreement and did not contain an adverse action clause.

Hanson Construction Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established