Hanson Construction Materials Pty Ltd

[2020] FWCA 909

[2020] FWCA 909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2020/252)

HANSON CONSTRUCTION MATERIALS PTY LTD SOUTH EAST QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2020

Application for approval of the Hanson Construction Materials Pty Ltd South East Queensland Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd South East Queensland Maintenance Enterprise Agreement 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] I note that clauses 7.5.1 and 7.5.2 regarding deductions for destruction of property may be unenforceable deductions under s.324 of the Act.

[3]   I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES): 

● Clause 5.2.11 – Annual leave
● Clause 5.3.2 – Personal leave

[4] However, noting undertaking 3(a), I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representatives for the Agreement.

[7] In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and at Annexure A of this decision.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2020. The nominal expiry date of the Agreement is 25 February 2024.

COMMISSIONER

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Annexure A.