DECISION

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

Hanson Construction Materials Pty Ltd
(AG2019/1438)

HANSON CONSTRUCTION MATERIALS PTY LTD VICTORIA COUNTRY OPERATIONS ENTERPRISE AGREEMENT 2019-2023

Cement and concrete products
DEPUTY PRESIDENT BULL	SYDNEY, 21 JUNE 2019

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

[1] An application (Form F16) has been filed by Hanson Construction Materials Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Victoria Country Operations 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 as per s.172(2) of the Act.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the Transport Workers’ Union, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers both organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 1 January 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement, the Hanson Construction Materials Pty Ltd Victoria Country Operations Enterprise Agreement 2019-2023. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining if the agreement complied with the provisions of the Act, including whether it provided for a fair and reasonable rate of pay, hours of work, leave, and other terms and conditions that were consistent with the national employment standards. The Commission also had to consider whether the agreement had been made in good faith and whether the bargaining process had been genuinely free from any improper conduct.

The Commission found that the proposed agreement was consistent with the national employment standards and had been made in good faith. It also determined that the bargaining process was free from any improper conduct. The Commission concluded that the agreement met the legal requirements for approval under the Act. The application was subsequently approved, allowing the enterprise agreement to take effect.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Victoria Country Operations Enterprise Agreement 2019-2023. This decision confirms the agreement's compliance with the Fair Work Act 2009 and recognises the legitimate bargaining process that led to its creation.

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