Hanson Construction Materials Pty Ltd

[2022] FWCA 2043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2022/1640)

Hanson Construction Materials Pty Limited – EasternRegion Sydney Metro Concrete Batcher’s Enterprise Agreement 2021

Cement and concrete products
COMMISSIONER MCKINNON	SYDNEY, 22 JUNE 2022

Application for approval of the Hanson Construction Materials Pty Limited – Eastern Region Sydney Metro Concrete Batcher’s Enterprise Agreement 2021.

Hanson Construction Materials Pty Ltd has applied for approval of a single enterprise agreement known as the Hanson Construction Materials Pty Limited – Eastern Region Sydney Metro Concrete Batcher’s Enterprise Agreement 2021 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 29 June 2022. The nominal expiry date of the Agreement is 31 January 2022.

The flexibility term in the Agreement does not contain all the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for the approval of their 2021 Enterprise Agreement, which was to cover the Eastern Region Sydney Metro Concrete Batcher workforce. The application was brought about by the Fair Work Act 2009, which provides the legal framework for the approval of enterprise agreements. The nature of the dispute involved ensuring that the proposed agreement met all the legal requirements for approval, including compliance with the act's provisions regarding minimum entitlements and the proper negotiation process.

The legal issues that the court needed to address included whether the agreement had been negotiated in good faith, if it contained the necessary minimum terms and conditions, and whether it adhered to the procedural requirements outlined in the Fair Work Act. Additionally, the court examined whether the agreement was in the best interests of the employees and whether it was likely to promote workplace harmony.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained all the required minimum terms and conditions. The court noted that the parties had followed the necessary procedural requirements, and the agreement was in the best interests of the employees. The commission was satisfied that the agreement would promote workplace harmony and met all the legal criteria for approval. Consequently, the court approved the Hanson Construction Materials Pty Limited – Eastern Region Sydney Metro Concrete Batcher’s Enterprise Agreement 2021.

No further orders were made by the court, as the primary objective of approving the enterprise agreement had been achieved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established