Hanson Construction Materials Pty Ltd Summary

[2023] FWCA 1143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2023/991)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION - KULNURA TRANSPORT WORKSHOP ENTERPRISE AGREEMENT 2022

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 APRIL 2023

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2022

Hanson Construction Materials Pty Ltd has made an application for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 24 April 2023 and, in accordance with s 54, it will operate from 1 May 2023. The nominal expiry date of the Agreement is 10 December 2026.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission, specifically for the Eastern Region - Kulnura Transport Workshop. The respondent, a union representing employees, opposed the approval of the agreement. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement proposed by the applicant met the requirements of the Fair Work Act 2009, particularly in terms of its procedural fairness and whether it provided for the fair treatment of employees. The Commission also needed to consider whether the agreement complied with the "better off overall test", ensuring that employees were not disadvantaged by the agreement.

The Fair Work Commission found that the proposed Enterprise Agreement was procedurally fair and met the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement had been negotiated in good faith and provided for the fair treatment of employees. Furthermore, the Commission determined that the agreement passed the better off overall test, as it provided employees with benefits that outweighed any potential disadvantages. Consequently, the Commission approved the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2022.

The Fair Work Commission approved the Enterprise Agreement, confirming its compliance with the Fair Work Act 2009 and the better off overall test. This decision ensures that the employees of Hanson Construction Materials Pty Ltd in the Eastern Region - Kulnura Transport Workshop are covered by a fair and legally sound agreement.

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