DECISION

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

Hanson Construction Materials Pty Ltd
(AG2018/6281)

HANSON CONSTRUCTION MATERIALS PTY LTD, NORTHERN REGION METRO CONCRETE BATCHERS ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 APRIL 2019

Application for approval of the Hanson Construction Materials Pty Ltd, Northern Region Metro Concrete Batchers Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd, Northern Region Metro Concrete Batchers Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanson Construction Materials Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 9 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Regional HR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 5 July 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied for approval of the Enterprise Agreement 2018-2021 in the Fair Work Commission. The applicant and respondents, representing employees, had engaged in negotiations leading to this agreement. The Commission was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Act, whether it complied with the "better off overall test" and if it contained provisions that were contrary to public policy or contrary to the provisions of the Act. The Commission also had to assess if the agreement contained any unfair provisions that could be disregarded under the Act.

The Commission found that the agreement had been made in good faith and that the procedural requirements had been met. It was determined that the agreement was not contrary to public policy or the Act. The "better off overall test" was satisfied, as the employees would be no worse off and in some cases better off under the new agreement. The Commission also identified certain provisions that, while not contrary to public policy, could be considered unfair. These provisions were subsequently disregarded in line with the Act.

The Fair Work Commission approved the Enterprise Agreement 2018-2021 with the identified unfair provisions disregarded. The agreement was registered, and the terms became binding on the parties involved. The decision marked the formal conclusion of the negotiation process and set the terms and conditions of employment for the specified period.

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