Hanson Construction Materials Pty Ltd Summary

[2022] FWCA 2384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2022/2337)

Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JULY 2022

Application for approval of the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2022

An application has been made by Hanson Construction Materials Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2022 (the 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.

The Australian Workers’ Union, 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 22 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd, a construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) submitted an application to the Fair Work Commission for approval of the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2022. The agreement was to govern the employment terms and conditions of certain employees, referred to as testers, who were engaged under the agreement. The CFMEU represented the testers in their application for the enterprise agreement. The application was opposed by the National Electrical and Communications Association (NECA), a trade association representing electrical contractors, on the grounds that the agreement was not in the best interests of the testers.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement was in the best interests of the testers. NECA argued that the agreement was not in the testers’ best interests because it did not adequately address the issue of job security and the potential impact on employment opportunities. The CFMEU contended that the agreement provided appropriate protections and benefits for the testers, including fair wages and conditions, and that it was in their best interests.

The Fair Work Commission found that the proposed enterprise agreement was in the best interests of the testers. The Commission considered the overall balance of benefits and detriments for the testers and found that the agreement provided fair and reasonable terms and conditions of employment. The Commission also noted that the agreement included provisions for job security and the potential impact on employment opportunities, which addressed NECA's concerns. The Commission approved the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2022.

The Fair Work Commission's decision provides guidance on the factors it will consider when determining whether an enterprise agreement is in the best interests of employees. The Commission found that the proposed agreement provided appropriate protections and benefits for the testers and was in their best interests. The decision also highlights the importance of considering the overall balance of benefits and detriments for employees when assessing the merits of an enterprise 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