DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/5008)

HANSON CONSTRUCTION MATERIALS PTY LTD AGITATOR DRIVERS’ AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 21 FEBRUARY 2020

Application for approval of the Hanson Construction Materials Pty Ltd Agitator Drivers Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Agitator Drivers 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 Agreement is a single enterprise agreement.

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

[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 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 20 December 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of the Hanson Construction Materials Pty Ltd Agitator Drivers Agreement 2019. The application was made under the Fair Work Act 2009. The applicant sought to have the agreement approved as an enterprise agreement that would apply to its employees who are agitator drivers. The dispute centred on whether the agreement met the requirements of the Fair Work Act to be approved as a single-employer enterprise agreement.

The legal issues before the Commission involved whether the agreement was genuinely an enterprise agreement, whether it was appropriately negotiated, and whether it met the necessary standards set out in the Fair Work Act. The Commission considered whether the agreement was made in good faith and whether it provided for the terms and conditions of employment of the employees covered by it. The Commission also examined whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission approved the agreement, finding that it was genuinely an enterprise agreement, was appropriately negotiated, and met the necessary standards set out in the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and provided for the terms and conditions of employment of the employees covered by it. The Commission also found that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The Commission concluded that the agreement met all the necessary requirements for approval and was in the best interests of the employees covered by it.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Agitator Drivers Agreement 2019 as a single-employer enterprise agreement. The approval is effective from 1 April 2020 and will apply to employees who are agitator drivers employed by the applicant. The agreement will remain in force until 31 March 2025 or until it is terminated earlier in accordance with 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