Hanson Construction Materials Pty Ltd

[2019] FWCA 8642

[2019] FWCA 8642

FAIR WORK COMMISSION

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

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Annexure A