DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2019/868)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION - KULNURA TRANSPORT WORKSHOP ENTERPRISE AGREEMENT 2018

Vehicle industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JULY 2019

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2018

[1] Hanson Construction Materials Pty Ltd has made an application for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2018 (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.

[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]
The Agreement was approved on 2 July 2019 and, in accordance with s 54, will operate from 9 July 2019. The nominal expiry date of the Agreement is 10 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd sought approval of the Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2018, which was disputed by a group of employees. The application was heard in the Fair Work Commission, the tribunal tasked with approving enterprise agreements under the Fair Work Act 2009. The employees argued that the agreement did not meet the requirements of the Act, specifically asserting that the agreement did not provide for fair and reasonable terms of employment and was not properly negotiated. Hanson Construction Materials contended that the agreement was fair and reasonable, and that the negotiation process was valid and transparent.

The tribunal considered whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009, including the need for the agreement to provide for fair and reasonable terms of employment, to be negotiated in good faith, and to be appropriately certified. The tribunal examined the negotiation process and the terms of the agreement, including provisions relating to pay rates, hours of work, leave entitlements, and dispute resolution mechanisms. The tribunal also considered submissions from both parties and relevant legislative and case law.

After thorough consideration, the tribunal found that the agreement met the statutory requirements. It concluded that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The tribunal was satisfied that the agreement provided for appropriate protections and entitlements for employees, and that the dispute resolution mechanisms were adequate. The tribunal approved the enterprise agreement, finding that it complied with the requirements of the Fair Work Act 2009.

The tribunal made an order approving the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2018, subject to the terms and conditions set out in the agreement. The employees' application to have the agreement disallowed was dismissed. The decision is a reminder of the importance of ensuring that enterprise agreements comply with the statutory requirements and are negotiated in good faith.

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