Hanson Construction Materials Pty Ltd Summary

[2021] FWCA 5954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2021/7425)

HANSON CONSTRUCTION MATERIALS PTY LTD - SOUTHERN REGION TECHNICAL SERVICES ENTERPRISE AGREEMENT 2021-2025

Cement and concrete products
COMMISSIONER O’NEILL	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the Hanson Construction Materials Pty Ltd - Southern Region Technical Services Enterprise Agreement 2021-2025

[1] Hanson Construction Materials Pty Ltd has applied for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Southern Region Technical Services Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hanson Construction Materials Pty Ltd, applied for the approval of an enterprise agreement. The agreement, proposed for the Southern Region Technical Services, spans from 2021 to 2025. The dispute centered around the terms and conditions of employment for technical services staff within the specified region. The Commission was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and was made in good faith.

The central legal issues revolved around the compliance of the agreement with the statutory requirements and the procedural fairness of the bargaining process. The applicant needed to demonstrate that the agreement was not only procedurally sound but also substantively fair to the employees it covered. This included ensuring that the agreement was made without any coercion, undue influence, or without any contravention of the Fair Work Act. Furthermore, the Commission had to ascertain if the agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act.

The Commission found that the application met all the necessary criteria for approval. The agreement was deemed to comply with the procedural and substantive fairness requirements under the Fair Work Act. It was determined that the bargaining process was conducted in good faith, and no unfair labour practices were evident. The proposed agreement included all the mandated minimum terms and conditions, and it was found to be beneficial to the employees in the Southern Region Technical Services. Consequently, the Commission approved the application, and the enterprise agreement was registered.

The final orders of the Commission were to approve and register the Hanson Construction Materials Pty Ltd - Southern Region Technical Services Enterprise Agreement 2021-2025. The agreement, as proposed, was to become the governing document for the employment conditions of the relevant staff within the specified timeframe. The Commission's decision was based on its determination that the agreement complied with all legal requirements and was made in good faith, providing a fair and beneficial arrangement for the employees.

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