DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2021/5582)

HANSON CONSTRUCTION MATERIALS PTY LTD – EASTERN REGION – NSW COUNTRY BATCHERS’ AGREEMENT 2021

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2021

Application for approval of the Hanson Construction Materials Pty Ltd – Eastern Region – NSW Country Batchers’ 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 – NSW Country 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] 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 Australian 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 5 July 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Hanson Construction Materials Pty Ltd – Eastern Region – NSW Country Batchers’ Enterprise Agreement 2021. The application was made by Hanson Construction Materials Pty Ltd, with the National Union of Workers acting as a party to the agreement. The dispute centred on whether the agreement complied with the relevant statutory requirements and provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the criteria for registration under section 231 of the Act, and whether the agreement was genuinely bargained between the employer and the employees. Specific scrutiny was given to the procedural fairness of the agreement, the coverage of the agreement, and whether it contained all the mandatory terms prescribed by the Act.

The Commission examined the evidence provided by both parties and considered the principles of procedural fairness and genuine bargaining. It was found that the agreement was the product of genuine collective bargaining and that the process followed was fair and equitable. The Commission also determined that the agreement contained all the mandatory terms required by the Act and was not contrary to public policy. Consequently, the application for approval was granted.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd – Eastern Region – NSW Country Batchers’ Enterprise Agreement 2021, confirming its compliance with the statutory requirements and its genuine nature. The decision underscores the importance of ensuring that enterprise agreements are the result of fair and genuine bargaining processes, and that they contain all necessary terms as mandated by 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