DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/6688)

HANSON CONSTRUCTION MATERIALS PTY LTD NORTHERN REGION, NORTHERN TERRITORY TIPPER & TANKER DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MAY 2018

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region, Northern Territory Tipper & Tanker Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Northern Region, Northern Territory Tipper & Tanker Drivers Enterprise Agreement 2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hanson Construction Materials Pty Ltd applied for approval of an enterprise agreement. The applicant is an employer engaged in the transport industry, and the dispute pertains to the terms and conditions of employment for drivers within its Northern Territory operations. The applicant sought to establish an agreement that would govern the wages and conditions of its tipper and tanker drivers.

The legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it was made in good faith and not under coercion. The applicant needed to demonstrate that the agreement was fairly negotiated and provided for minimum terms and conditions of employment. The Commission also considered whether the agreement adequately protected the interests of employees.

The Commission found that the proposed enterprise agreement was made in good faith and contained the necessary provisions for minimum terms and conditions. The applicant had provided evidence of a good faith negotiation process and had demonstrated that the agreement provided for fair and reasonable terms. The Commission concluded that the agreement met all the statutory requirements and approved it accordingly.

The Commission ordered the approval of the Hanson Construction Materials Pty Ltd Northern Region, Northern Territory Tipper & Tanker Drivers Enterprise Agreement 2018, subject to its registration with the Fair Work Commission. The agreement would now apply to the relevant employees, and the terms and conditions outlined in the agreement would govern their employment.

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