Hanson Construction Materials Pty Ltd Summary

[2013] FWCA 3896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/1345)

HANSON CONSTRUCTION MATERIALS PTY LTD (RH) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JUNE 2013

Application for approval of the Hanson Construction Materials Pty Ltd (RH) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd (RH) Enterprise Agreement 2013 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd sought approval of its Enterprise Agreement 2013, which was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission (FWC), Australia's independent statutory body with jurisdiction over employment matters. The CFMEU argued that the enterprise agreement was unfair work under section 233 of the Fair Work Act 2009, primarily due to provisions concerning shift rotations and the definition of a "normal working day." The legal issues before the FWC were whether the provisions in question were unjust and whether they contravened the requirements for a fair enterprise agreement.

The FWC considered the nature of the shift rotations and the definition of a "normal working day" as outlined in the agreement. It examined whether the provisions were consistent with the principles of procedural fairness and whether they unduly disadvantaged the employees. The FWC also assessed the broader implications of these provisions on the employees' work-life balance and their overall welfare. Ultimately, the FWC concluded that the provisions did not constitute an unfair work practice. The commission found that the provisions were reasonable and fair, considering the nature of the industry and the need for flexibility in shift arrangements. The FWC's decision was based on a detailed analysis of industry standards and the specific circumstances of the parties involved.

In light of the findings, the FWC approved the Hanson Construction Materials Pty Ltd Enterprise Agreement 2013. The approval was contingent on the employer adhering to the terms of the agreement, ensuring that the provisions did not result in unfair treatment of the employees. The FWC emphasised the importance of maintaining a balanced approach to industrial relations, ensuring that both employers and employees could operate within a fair and equitable framework. The decision highlighted the FWC's role in mediating disputes to achieve a fair outcome that recognises the rights and responsibilities of both parties in the workplace.

Hanson Construction Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established