Hanson Construction Materials Pty Ltd Summary

[2013] FWCA 3124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/256)

HANSON CONSTRUCTION MATERIALS PTY LTD BATCHING PLANT AGREEMENT 2012

Cement and concrete products
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 MAY 2013

Application for approval of the Hanson Construction Materials Pty Ltd Batching Plant Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Batching Plant Agreement 2012 (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 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) of the Act I note that the Agreement covers the organisation.

[4] 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 20 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Hanson Construction Materials Pty Ltd, sought approval for the Hanson Construction Materials Pty Ltd Batching Plant Agreement 2012. The dispute arose in the context of industrial relations in Australia, specifically under the Fair Work Act 2009. The applicants argued that the agreement was necessary to facilitate their business operations and to ensure fair terms for their employees.

The legal issues before the court involved determining whether the agreement met the statutory criteria for approval, as outlined in the Fair Work Act. Key considerations included whether the agreement facilitated improved productivity, promoted efficient workplace relations, and provided fair terms and conditions for employees. The court also needed to ensure that the agreement did not undermine the rights of employees, particularly in relation to minimum wage rates and working conditions.

In its reasoning, the court assessed the agreement against the legislative criteria, focusing on the impact on productivity, workplace relations, and employee rights. The court found that the agreement effectively facilitated improved productivity and efficient workplace relations while ensuring fair terms and conditions for employees. The applicants had demonstrated that the agreement would not undermine the rights of employees, as it provided for appropriate minimum wage rates and working conditions. Based on these findings, the court approved the agreement, confirming that it met the necessary statutory requirements.

The court's decision resulted in the approval of the Hanson Construction Materials Pty Ltd Batching Plant Agreement 2012, allowing the applicants to implement the terms of the agreement in their operations.

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