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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, sought approval from the Fair Work Commission of the Eastern Region for the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Agitator Drivers' Enterprise Agreement 2018. The applicant argued that the agreement was made in good faith, without any duress, and that it provided fair and reasonable terms for the employees involved. The dispute was heard by the Commission, which had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was genuinely negotiated and whether it contained terms that were fair and reasonable. The Commission considered whether the agreement was made in good faith, without any coercion, and whether it provided for the fair and reasonable terms and conditions of employment. Additionally, the Commission examined whether the agreement included provisions for the protection of employees' rights, such as minimum wages, hours of work, and leave entitlements.

After reviewing the evidence and submissions from both parties, the Commission found that the enterprise agreement was genuinely negotiated and contained fair and reasonable terms. The Commission was satisfied that the agreement was made in good faith, without any duress or coercion, and that it provided for the fair and reasonable terms and conditions of employment for the employees involved. The Commission also noted that the agreement included provisions for the protection of employees' rights, such as minimum wages, hours of work, and leave entitlements. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Agitator Drivers' Enterprise Agreement 2018, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission was satisfied that the agreement was genuinely negotiated, without any duress or coercion, and that it provided for the fair and reasonable terms and conditions of employment for the employees involved. The agreement now serves as a binding contract between the applicant and the employees, governing their employment terms and conditions.

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