DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2018/7449)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW COUNTRY QUARRY OPERATORS’ AND DRIVERS’ ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2019

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators’ and Drivers’ Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators’ and Drivers’ Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia (TWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators’ and Drivers’ Enterprise Agreement 2018, the matter was heard in the Fair Work Commission. The applicant, Hanson Construction Materials Pty Ltd, sought approval for the proposed enterprise agreement under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns regarding the agreement's fairness and implications for employees.

The central legal issues before the Commission were whether the proposed agreement met the 'better off overall test' (BOOT) and whether it adhered to the good faith bargaining provisions under the Fair Work Act. The Commission was required to determine if the agreement provided employees with a sufficient improvement in their overall terms and conditions of employment, and whether the bargaining process was conducted in good faith.

In its decision, the Fair Work Commission examined the terms and conditions outlined in the proposed agreement and assessed their impact on the employees. The Commission considered various factors, including the financial implications for the company, the fairness of the proposed changes, and the overall benefits to the employees. After a thorough analysis, the Commission concluded that the proposed agreement met the BOOT and was in compliance with the good faith bargaining requirements. The Commission approved the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators’ and Drivers’ Enterprise Agreement 2018, noting the benefits it provided to the employees and the fairness of the bargaining process.

The final orders of the Commission were that the proposed enterprise agreement be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the parties were required to comply with the terms and conditions set out in the approved 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