Hanson Construction Materials Pty Ltd

[2022] FWCA 2190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2022/2045)

Hanson Construction Materials Pty Ltd – Eastern Region – Metro Tipper Drivers Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 JUNE 2022

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tipper 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 - Metro Tipper Drivers Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 30 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from Hanson Construction Materials Pty Ltd for the approval of the Eastern Region – Metro Tipper Drivers Enterprise Agreement 2022. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and met all the statutory requirements for registration. The application was opposed by the Transport Workers Union, which raised several objections, including that the agreement did not adequately protect the rights and interests of the drivers.

The legal issues before the Commission were whether the agreement met the statutory criteria for registration, including being made in good faith, covering the drivers in the relevant enterprise, and ensuring that the drivers were not worse off. The Commission needed to consider whether the agreement provided for the drivers' pay and conditions, including rates of pay, penalty rates, allowances, and leave entitlements. The Commission also had to assess whether the agreement contained appropriate dispute resolution procedures and whether it complied with the provisions of the Fair Work Act regarding the protection of employee rights.

The Commission found that the agreement met the statutory requirements for registration. The applicant had demonstrated that the agreement was made in good faith and that it covered all the drivers in the relevant enterprise. The Commission was satisfied that the agreement provided for fair and reasonable pay and conditions, including appropriate rates of pay, penalty rates, allowances, and leave entitlements. The agreement also contained appropriate dispute resolution procedures and complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement did not result in the drivers being worse off than they would have been under the applicable award or registered agreement.

The Commission approved the agreement and ordered that it be registered under the Fair Work Act. The agreement was registered as the Hanson Construction Materials Pty Ltd Eastern Region – Metro Tipper Drivers Enterprise Agreement 2022. The parties were directed to take all necessary steps to give effect to the agreement and to provide a copy of the agreement to the Commission within 14 days of its registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established