DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2021/5083)

HANSON CONSTRUCTION MATERIALS PTY LTD TIPPER & TANKERS AGREEMENT 2021

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 21 MAY 2021

Application for approval of the Hanson Construction Materials Pty Ltd Tipper and Tankers Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Tipper and Tankers 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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 28 May 2021. The nominal expiry date of the Agreement is 4 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Tipper and Tankers Agreement 2021. The dispute centred around the terms and conditions of employment for the company's tipper and tanker drivers, with the Australian Council of Trade Unions acting as a party to the negotiations. The Commission was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms of employment, taking into account the provisions of the National Employment Standards and other relevant considerations. The Commission also had to ensure that the agreement did not undermine the right to freedom of association and that it was made in good faith. Furthermore, the Commission examined if the agreement included adequate mechanisms for dispute resolution and if it met the procedural requirements for making an enterprise agreement.

The Commission found that the proposed agreement was fair and reasonable, and it did not undermine the right to freedom of association. The agreement provided for appropriate terms and conditions, including provisions for leave, overtime, and shift patterns, which were considered reasonable in the circumstances. The Commission was satisfied that the agreement was made in good faith and included suitable mechanisms for resolving disputes. Additionally, the Commission determined that the agreement complied with the procedural requirements for making an enterprise agreement.

Consequently, the Commission approved the Tipper and Tankers Agreement 2021, allowing it to be registered and enforceable. The agreement will now govern the employment terms for Hanson Construction Materials Pty Ltd's tipper and tanker drivers, ensuring fair and reasonable conditions of employment. The decision underscores the importance of adhering to the legal standards and requirements for making and approving enterprise agreements under the Fair Work Act 2009.

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