DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2020/2587)

HANSON AND HYMIX TECHNICAL SERVICES, EASTERN REGION TESTERS’ ENTERPRISE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 SEPTEMBER 2020

Application for approval of the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hanson Construction Materials Pty Ltd and Hymix Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hanson Construction Materials Pty Ltd, which sought approval for the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2020. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The legal issues centred on whether the agreement provided for the compulsory acquisition of union membership as a condition of employment, which would contravene the Act.

The Commission examined the terms of the agreement and found that while union membership was encouraged, it was not a mandatory condition of employment. The agreement included provisions that allowed for non-union members to be employed under certain conditions. The Commission noted that the enterprise included a broad range of employees with diverse employment needs, and that the agreement provided for a fair and equitable process for resolving disputes and grievances. The Commission concluded that the agreement did not require compulsory union membership and was therefore in compliance with the Act.

The Fair Work Commission approved the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2020, finding that it met the requirements of the Act. The Commission noted that the agreement provided for fair and equitable terms and conditions of employment, and that it allowed for the resolution of disputes and grievances in a timely and effective manner. The Commission also noted that the agreement provided for the protection of employees' rights and interests, and that it was consistent with the principles of 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