DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/4203)

HANSON CONSTRUCTION MATERIALS PTY LTD SOUTH EAST QUEENSLAND AGITATOR, CEMENT TANKER AND TIPPER DRIVERS ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 17 DECEMBER 2019

Application for approval of the Hanson Construction Materials Pty Ltd South East Queensland Agitator, Cement Tanker and Tipper Drivers 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 Agitator, Cement Tanker and Tipper Drivers 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 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, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2019. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The applicants sought approval of the proposed agreement which would cover employees classified as agitator, cement tanker, and tipper drivers in the South East Queensland region. The application was made under the Fair Work Act 2009. The primary legal issues for the Commission to determine were whether the proposed agreement provided for fair and reasonable terms and conditions, and whether the agreement was made in accordance with the procedural requirements of the Act.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions, and was made in accordance with the procedural requirements of the Act. The Commission noted that the proposed agreement had been negotiated in good faith and provided for appropriate safeguards for employees, including provisions for pay rates, penalties, leave, and other employment conditions. The Commission also found that the process for the negotiation and approval of the agreement was fair and transparent, and that employees had been given an adequate opportunity to express their views on the proposed agreement. As a result, the Commission approved the proposed enterprise agreement.

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