Hanson Construction Materials Pty Ltd

[2022] FWCA 3485

[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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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