Hanson Construction Materials Pty Ltd

[2021] FWCA 7310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2021/8945)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION -METRO CONCRETE DRIVERS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 DECEMBER 2021

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region -Metro Concrete Drivers Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Eastern Region -Metro Concrete 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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 December 2021. 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 Fair Work Commission heard an application for approval of an enterprise agreement between Hanson Construction Materials Pty Ltd and its employees represented by the Concrete and Allied Drivers Enterprise Agreement 2021. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions governing pay rates and conditions for drivers in the Eastern Region Metro area. The Commission was tasked with assessing whether the agreement met the statutory criteria for approval, including whether it provided for genuine bargaining and whether it was made in good faith.

The primary legal issues before the Commission were whether the proposed agreement demonstrated evidence of genuine bargaining and whether it was made in good faith. The Commission had to consider submissions from both parties and review the evidence provided to determine if the agreement was the product of genuine bargaining and was made in good faith. Additionally, the Commission needed to assess whether the agreement contained appropriate terms and conditions that were fair and reasonable for the employees involved.

In rendering its decision, the Commission found that the evidence presented demonstrated genuine bargaining between the parties. The Commission noted the comprehensive negotiation process and the submissions made by both parties, which indicated a robust and fair negotiation process. The Commission also concluded that the agreement was made in good faith, considering the parties' conduct during the bargaining process. The terms and conditions of the agreement were found to be fair and reasonable, providing for adequate pay rates and conditions for the drivers.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Eastern Region Metro Concrete Drivers Enterprise Agreement 2021. The Commission's decision was based on its determination that the agreement was the product of genuine bargaining and was made in good faith, meeting all statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established