Hanson Construction Materials Pty Ltd

[2022] FWCA 3485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2022/4037)

Hanson Construction Materials Pty Ltd - Eastern Region - NSW and ACT Country Agitator Drivers’ Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT DEAN	CANBERRA, 10 OCTOBER 2022

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW and ACT Country Agitator Drivers’ Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Eastern Region - NSW and ACT Country Agitator Drivers’ Enterprise Agreement 2022 (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.

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

I note that the provisions of the Agreement at clauses 12.2 and 23.3(d) concerning deductions and at clause 27.2 concerning public holidays are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 1 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently applied to the Fair Work Commission for approval of a proposed enterprise agreement. The agreement, titled Hanson Construction Materials Pty Ltd - Eastern Region - NSW and ACT Country Agitator Drivers’ Enterprise Agreement 2022, was to be applied to employees who are country agitator drivers within the eastern region of New South Wales and the Australian Capital Territory. The dispute centred on the fairness and compliance of the agreement with the relevant federal industrial relations legislation.

The court was required to determine whether the proposed agreement met the legal standards for being registered as a modern award. This involved examining if the agreement was genuinely negotiated and if it contained the minimum terms and conditions of employment as stipulated by the Fair Work Act 2009. The court also needed to assess if the agreement complied with the Fair Work (Registered Organisations) Act 2009 and if it met the criteria for being considered a simple or low-risk agreement.

In its decision, the Fair Work Commission found that the proposed agreement was genuinely negotiated and contained the minimum terms and conditions of employment. The commission also found that the agreement complied with all relevant legislative requirements and met the criteria for being considered a low-risk agreement. Therefore, the application for approval was successful. The court considered that the agreement was fair and balanced, and that it would provide appropriate protections for the employees covered by it.

The final orders of the court were that the proposed enterprise agreement be registered as a modern award, effective from the date of the decision. This means that the agreement will now govern the employment terms and conditions of the country agitator drivers within the eastern region of New South Wales and the Australian Capital Territory.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established