DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2021/6361)

HANSON CONSTRUCTION MATERIALS PTY LTD SYDNEY SAND OPERATIONS ENTERPRISE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT CROSS	SYDNEY, 17 AUGUST 2021

Application for approval of the Hanson Construction Materials Pty Ltd Sydney Sands Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Sydney Sands Operations Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanson Construction Materials Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 15 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of the Sydney Sands Operations Enterprise Agreement 2020. The applicants were represented by Mr. Jones of Counsel, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), was represented by Ms. Smith, also of Counsel. The nature of the dispute involved the terms and conditions of employment for workers in the Sydney Sands Operations, with the CFMEU objecting to certain provisions of the agreement.

The legal issues the court was required to decide centred around whether the enterprise agreement complied with the relevant sections of the Fair Work Act 2009, particularly regarding the requirements for "direct" and "genuine" agreement between the employer and the employees. The court had to determine if the process followed to reach the agreement was fair and if the agreement itself was in the best interests of the employees. The CFMEU argued that the agreement did not genuinely reflect the views of the employees and that some provisions were unfair.

The court, after reviewing the evidence and submissions from both parties, found that the agreement had been reached through a process that was fair and direct. The court determined that the agreement contained provisions that were in the best interests of the employees and complied with the requirements of the Fair Work Act. The court approved the enterprise agreement, noting that it was not only in line with the legal requirements but also addressed the needs of the employees effectively. The court's decision was based on the comprehensive evidence presented regarding the negotiation process and the contents of the agreement.

The final orders of the court approved the Hanson Construction Materials Pty Ltd Sydney Sands Operations Enterprise Agreement 2020, with the agreement to come into effect from the date of the decision. The court directed that the agreement be registered by the Fair Work Commission and that it be given effect as a binding enterprise agreement under the Fair Work Act.

Hanson Construction Materials Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established