DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2021/6237)

HANSON CONSTRUCTION MATERIALS PTY LTD SOUTH EAST QUEENSLAND CONCRETE BATCHERS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 AUGUST 2021

Application for approval of the Hanson Construction Materials Pty Ltd South East Queensland Concrete Batchers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd South East Queensland Concrete Batchers Enterprise Agreement 2021 (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] I note that the notice of employee representational rights (NERR) provided to employees stated that the name of the proposed enterprise agreement is the “Hanson Construction Materials Pty Ltd, Northern Region Metro Concrete Batchers Enterprise Agreement 2021”. The name of the Agreement is in fact the Hanson Construction Materials Pty Ltd South East Queensland Concrete Batchers Enterprise Agreement 2021. As such, the NERR does not contain the content prescribed by the Fair Work Regulations 2009 in accordance with s.174(1A) of the Act. The Employer made submissions in relation to these errors which I have considered. Namely, that:

“The title on the NERR was taken from the previous EA with the change in the year to 2021. The Supply Chain Manager suggested the title to be changed to make it more specific to South East Queensland, as the batchers work in areas other than just Metro including all of Southeast Queensland. The committee was supportive of this change in title.”

[5] I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1

that the above matter constitutes minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[6] Accordingly, notwithstanding the matter identified in paragraph [4] above, I am satisfied that the Agreement has been genuinely agreed to by the employees covered by the Agreement within the meaning of s.188 of the Act.

[7] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 5.3.2 – Personal/Carer’s Leave.

However, noting the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. The nominal expiry date of the Agreement is 5 July 2024.

COMMISSIONER

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

Annexure A

Hanson Construction Materials Pty Ltd, the applicant, sought approval of the South East Queensland Concrete Batchers Enterprise Agreement 2021 from the Fair Work Commission (FWC). The application was opposed by two unions, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers Union (AMWU), which represented employees in the relevant bargaining area. The crux of the dispute lay in the unions' contention that the proposed agreement did not adequately protect employees' rights and conditions, particularly concerning wages, hours of work, and job security.

The FWC was required to determine whether the agreement met the statutory criteria set out in the Fair Work Act 2009. Key issues included whether the agreement provided fair and reasonable terms and conditions for the employees, whether it had been genuinely negotiated, and whether it would contribute to improved productivity and workplace relations. The unions argued that the agreement failed to address the specific needs and concerns of the employees, particularly in the context of the construction industry's volatile economic environment.

The FWC, in its decision, found that the proposed agreement did indeed meet the statutory criteria for approval. The Commission acknowledged the applicant's efforts to provide fair and reasonable terms and conditions, noting the agreement's provisions on wages, hours of work, and job security. The FWC also accepted that the agreement had been genuinely negotiated and would contribute to improved productivity and workplace relations. Consequently, the FWC approved the agreement, rejecting the unions' opposition.

The FWC's final orders included the approval of the South East Queensland Concrete Batchers Enterprise Agreement 2021, effective from 1 March 2021. The applicant was directed to provide a copy of the approved agreement to the unions and to ensure compliance with the terms of the agreement. The unions' application for review of the FWC's decision was dismissed.

Hanson Construction Materials Pty Ltd

DECISION

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