DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/4464)

HANSON CONSTRUCTION MATERIALS PTY LIMITED TASMANIAN OPERATIONS WORKPLACE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2019

Application for approval of the Hanson Construction Materials Pty Limited Tasmanian Operations Workplace Agreement 2018 - 2022

[1] Hanson Construction Materials Pty Ltd has made an application for approval of an enterprise agreement known as the Hanson Construction Materials Pty Limited Tasmanian Operations Workplace Agreement 2018 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 December 2019 and, in accordance with s 54, will operate from 30 December 2019. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied for approval of the Tasmanian Operations Workplace Agreement 2018 - 2022, which was disputed by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission. The central issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, covered appropriate matters, and was procedurally sound.

The Fair Work Commission examined the process by which the agreement was negotiated, the nature of the agreement's content, and the application of relevant provisions of the Fair Work Act. The court considered whether the employer had acted in good faith, whether the agreement covered the appropriate matters and was not contrary to public policy, and whether the procedural fairness requirements were satisfied. The Commission found that the agreement was negotiated in good faith, covered appropriate matters, and was not contrary to public policy. It also found that the procedural fairness requirements were met, as there was evidence of genuine consultation and negotiation between the parties.

Accordingly, the Fair Work Commission approved the Hanson Construction Materials Pty Ltd Tasmanian Operations Workplace Agreement 2018 - 2022. The court found that the agreement complied with the statutory requirements and was therefore valid and binding. This decision confirmed the procedural fairness of the agreement and validated its content for the specified period.

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