Hanson Construction Materials Pty Ltd

[2013] FWCA 3183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/6185)

HANSON CONSTRUCTION MATERIALS PTY LTD COUNTRY OPERATIONS ENTERPRISE AGREEMENT 2013 - 2015

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 21 MAY 2013

Application for approval of the Hanson Construction Materials Pty Ltd Country Operations Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Country Operations Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hanson Construction Materials Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 28 May 2013.The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for the approval of the Hanson Construction Materials Pty Ltd Country Operations Enterprise Agreement 2013 - 2015. The applicant argued that the proposed agreement was a new agreement for the purposes of section 231 of the Fair Work Act 2009 and was therefore exempt from the "no disadvantage" test. The application was opposed by the Construction, Forestry, Mining and Energy Union and the Electrical Trades Union of Australia, who argued that the agreement was not a new agreement and was therefore subject to the "no disadvantage" test.

The Commission found that the proposed agreement was not a new agreement for the purposes of section 231 of the Fair Work Act 2009. The Commission considered that the agreement was a variation of an existing agreement and was therefore subject to the "no disadvantage" test. The applicant failed to demonstrate that the proposed agreement resulted in no disadvantage to employees covered by the agreement. The application was dismissed.

The Fair Work Commission dismissed the application for the approval of the Hanson Construction Materials Pty Ltd Country Operations Enterprise Agreement 2013 - 2015. The Commission found that the proposed agreement was not a new agreement and was therefore subject to the "no disadvantage" test. The applicant failed to demonstrate that the proposed agreement resulted in no disadvantage to employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established