Hanson Construction Materials Pty Ltd

[2024] FWCA 3533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2024/3569)

HANSON CONSTRUCTION MATERIALS PTY LTD TIPPER & TANKERS AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 8 OCTOBER 2024

Application for approval of the Hanson Construction Materials Pty Ltd Tipper & Tankers Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Tipper & Tankers Agreement 2024 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2024. The nominal expiry date of the Agreement is 4 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd sought approval of an industrial agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission (FWC) to determine if the proposed agreement complied with the Fair Work Act 2009. The CFMEU contested the agreement, arguing that it contravened the Act by not providing adequate protections for employees. The legal issues before the FWC involved interpreting the provisions of the Fair Work Act and assessing whether the agreement met the necessary standards for employee protections and procedural fairness. The FWC examined the terms of the agreement, the bargaining process, and the protections offered to employees. It concluded that the agreement was fair and balanced, providing sufficient protections and procedural fairness. The FWC approved the agreement, finding that it complied with the requirements of the Act. The CFMEU's objections were largely dismissed as the FWC determined that the agreement met the necessary standards for employee protections and procedural fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established