Hanson Construction Materials Pty Ltd

[2022] FWCA 2022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2022/1859)

Hanson Construction Materials Pty Ltd – Eastern Region – Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2021

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 JUNE 2022

Application for approval of the Hanson Construction Materials Pty Ltd – Eastern Region – Central Coast and Newcastle Tipper DriversEnterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd – Eastern Region – Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2021 (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 27 June 2022. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question related to the employment of tipper drivers in the Eastern Region, specifically those in the Central Coast and Newcastle areas. The applicant argued that the agreement had been fairly negotiated and met the criteria for approval under the legislation. The Fair Work Commission was tasked with determining whether the agreement should be certified as a registered agreement.

The primary legal issue for the Commission was to ascertain whether the agreement was, in fact, a genuinely negotiated agreement. The Commission examined the process of negotiation, the fairness of the terms, and whether the agreement met the statutory requirements for certification. The applicant needed to demonstrate that the agreement was not only negotiated in good faith but also contained terms that were fair and reasonable. Furthermore, the Commission had to ensure that the agreement complied with the procedural requirements set out in the Fair Work Act.

The Commission found that the agreement had been fairly negotiated and contained terms that were fair and reasonable. The process of negotiation was deemed to be in good faith, and the terms of the agreement were considered to be balanced and appropriate. The Commission was satisfied that the agreement met all the statutory requirements for certification and was thus an appropriate subject for approval. Consequently, the Commission approved the enterprise agreement and certified it as a registered agreement.

The Fair Work Commission certified the Hanson Construction Materials Pty Ltd – Eastern Region – Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2021 as a registered agreement. This decision ensures that the terms and conditions of employment for the tipper drivers in the specified regions are governed by this agreement, providing a framework for their employment conditions and rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established