DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2018/561)

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

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 23 APRIL 2018

Application for approval 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 an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Eastern Region - Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2017 (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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Hanson Construction Materials Pty Ltd – Eastern Region – Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2017. The application was brought by the applicant employer, who sought to have the agreement registered on the Register of Approved Agreements. The applicant employer argued that the agreement was a ‘better off overall’ agreement, meaning it was in the interests of the employees covered by the agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of the procedural fairness and the substantive terms of the agreement.

The legal issues before the Commission involved determining whether the agreement was properly made and whether it met the requirements for registration under the Fair Work Act 2009. This included assessing the processes followed in the negotiation of the agreement, ensuring that all procedural fairness requirements were met, and examining the substantive terms of the agreement to ensure they were not contrary to public policy or otherwise unenforceable. The Commission had to consider whether the agreement provided a ‘better off overall’ outcome for the employees, which involved comparing the terms of the agreement with the relevant awards and the employees' previous conditions of employment.

The Commission found that the agreement was properly made and met the requirements for registration. It determined that the negotiation process followed was fair and that all procedural fairness requirements were met. The substantive terms of the agreement were also found to be in the interests of the employees, providing a ‘better off overall’ outcome. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act 2009. As a result, the Commission approved the agreement and ordered that it be registered on the Register of Approved Agreements.

The final orders of the Commission included the approval of the Hanson Construction Materials Pty Ltd – Eastern Region – Central Coast and Newcastle Tipper Drivers Enterprise Agreement 2017, and its registration on the Register of Approved Agreements. The agreement was to apply to the employees covered by the agreement from the date of registration, ensuring that the terms and conditions of employment were legally binding and enforceable. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would be upheld in accordance with the provisions of the Fair Work Act 2009.

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