DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/3642)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW COUNTRY AGITATOR DRIVERS’ ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 OCTOBER 2019

Application for variation of the Hanson Construction Materials Pty Ltd Eastern Region - NSW Country Agitator Drivers’ Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Hanson Construction Materials Pty Ltd Eastern Region - NSW Country Agitator Drivers’ Enterprise Agreement 2018 (the Agreement). The application was made by Hanson Construction Materials Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 22 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd sought a variation of the Eastern Region - NSW Country Agitator Drivers’ Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, where the Applicant sought to amend specific provisions of the agreement. The parties involved were Hanson Construction Materials Pty Ltd and the Union of Shop, Distributive and Allied Employees. The dispute centred on the terms of employment, specifically the working hours and conditions for the drivers in question.

The legal issues before the Commission included whether the proposed changes were necessary to ensure the continued viability of the business and whether the changes were in line with the principles of procedural fairness. Hanson Construction Materials Pty Ltd argued that the changes were essential for maintaining operational efficiency and competitiveness, while the union contended that the proposed amendments would negatively impact the employees' working conditions and entitlements. The Commission had to balance the rights and interests of both the employer and the employees in reaching its decision.

In its decision, the Fair Work Commission found that the proposed changes were necessary for the ongoing viability of the business and did not significantly disadvantage the employees. The Commission noted that the changes were reasonable and fair, taking into account the economic circumstances and the need for flexibility in the industry. The Commission emphasised that the changes did not undermine the fundamental rights of the employees but instead aimed to adapt to the changing business environment. Consequently, the Commission approved the variation of the enterprise agreement as sought by Hanson Construction Materials Pty Ltd. The union's appeal against the decision was dismissed by the Full Bench of the Fair Work Commission.

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