DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2018/4679)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - CENTRAL COAST AND NEWCASTLE TIPPER DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 22 JANUARY 2019

Application for variation of the Hanson Construction Materials Pty Ltd Eastern Region - Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Hanson Construction Materials Pty Ltd Eastern Region - Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2017 (the Agreement). The application was made by Hanson Construction Materials Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on23 April 2018. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 22 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) considered an application for a variation of the Eastern Region - Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2017 (the Agreement) between Hanson Construction Materials Pty Ltd (the Employer) and the Construction, Forestry, Maritime, Mining and Energy Union (the Union). The Union sought to amend the Agreement to allow members to receive payments for rest periods during shift work, as well as payments for overtime on public holidays. The Employer opposed the application on the grounds that the proposed changes would be inconsistent with the objectives of the Fair Work Act 2009 and would impose additional costs and administrative burdens.

The FWC first considered whether the proposed changes were consistent with the objectives of the Act. The Union argued that the changes would ensure fair and reasonable remuneration for its members, while the Employer contended that the changes would be inconsistent with the need for flexibility in the workplace. The FWC found that the proposed changes were consistent with the objectives of the Act, as they would provide greater protection for workers' rights to rest and overtime payments. The FWC also found that the changes would not impose an unreasonable administrative burden on the Employer.

The FWC then considered whether the proposed changes were in accordance with the principles of good faith bargaining. The Union argued that it had engaged in good faith bargaining with the Employer, while the Employer contended that the Union had not provided sufficient information to support its claims. The FWC found that the Union had engaged in good faith bargaining and that the proposed changes were reasonable and proportionate to the issues raised. The FWC also found that the Employer had not provided sufficient evidence to rebut the Union's claims.

The FWC granted the Union's application for a variation of the Agreement, allowing members to receive payments for rest periods during shift work and for overtime on public holidays. The FWC also ordered the parties to implement the changes within 28 days of the decision. The Employer was given the right to apply for a review of the decision within 21 days of the decision.

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