Hanson Construction Materials Pty Ltd

[2019] FWCA 3009

[2019] FWCA 3009

FAIR WORK COMMISSION

DECISION

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

Hanson Construction Materials Pty Ltd
(AG2018/6877)

HANSON CONSTRUCTION MATERIALS PTY LTD BATCHING PLANT AND TECHNICAL SERVICES AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 2 MAY 2019

Application for approval of the Hanson Construction Materials Pty Ltd Batching Plant and Technical Services Agreement 2018.

[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 Batching Plant and Technical Services Agreement 2018 (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 as are relevant to this application for approval have been met.

[3] Section s.205(1A) of the Act requires an agreement consultation term to include an obligation to consult with employees about a change to their regular roster or ordinary hours of work. The Agreement’s consultation clause does not include this wording, although it does refer to ‘the alteration of hours of work’.

[4] Undertakings can be accepted where the Commission has concerns regarding ss. 186 and 187 of the Act. The consultation requirements found under s.205 of the Act cannot be remedied by undertakings. Accordingly, pursuant to s.205(2) of the Act, the model consultation term at Schedule 2.3 of the Fair Work Regulations 2009 will be taken to be a term of the Agreement. A copy of the model term is attached at the end of the Agreement.

[5] The Australian Workers’ Union, 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) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 20 December 2021.

DEPUTY PRESIDENT

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