DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/2616)

HANSON CONSTRUCTION MATERIALS PTY LTD - NORTHERN REGION - COUNTRY ENTERPRISE AGREEMENT 2019-2023

Quarrying industry
COMMISSIONER HUNT	BRISBANE, 16 AUGUST 2019

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region Country Enterprise Agreement 2019 - 2023.

[1] Hanson Construction Materials Pty Ltd has applied for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Northern Region Country Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I have taken into consideration the material filed in the Commission. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2019. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently appeared before the Fair Work Commission, where an application was made for the approval of the Hanson Construction Materials Pty Ltd Northern Region Country Enterprise Agreement 2019 - 2023. The parties involved in this case were Hanson Construction Materials Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The primary dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement.

The legal issues before the court involved determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly with respect to the procedural fairness and the substantive terms of the agreement. The court had to assess if the agreement met the "better off overall test" as required by the Fair Work Act, ensuring that the employees would be no worse off financially and, ideally, better off overall. Additionally, the court needed to verify that the correct procedures had been followed in the negotiation and finalisation of the agreement, including whether proper consultation and bargaining had taken place.

The Fair Work Commission, after thorough examination, concluded that the proposed agreement did meet the legal standards set forth by the Fair Work Act. The court found that the agreement was procedurally sound and that the substantive terms provided adequate protections and benefits to the employees. The commission was satisfied that the agreement passed the "better off overall test," as it included provisions for wages, conditions of employment, and other benefits that were fair and reasonable. Consequently, the court approved the enterprise agreement, confirming its compliance with the relevant legal requirements and deeming it fit for adoption.

As a result of the court's decision, the Hanson Construction Materials Pty Ltd Northern Region Country Enterprise Agreement 2019 - 2023 has been approved and is now in effect. This agreement will govern the terms and conditions of employment for the employees within the specified region for the duration of the 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