Hanson Construction Materials Pty Ltd

[2019] FWCA 3354

[2019] FWCA 3354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2018/6890)

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

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MAY 2019

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Agitator Drivers' 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 - NSW Country Agitator Drivers’ 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] 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 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 is taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 May 2019 and, in accordance with s 54, will operate from 21 May 2019. The nominal expiry date of the Agreement is 1 May 2022.

DEPUTY PRESIDENT

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