Hanson Construction Materials Pty Ltd Summary

[2024] FWCA 3532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2024/3568)

HANSON CONSTRUCTION MATERIALS PTY LTD AGITATOR DRIVERS AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 8 OCTOBER 2024

Application for approval of the Hanson Construction Materials Pty Ltd Agitator Drivers Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Agitator Drivers Agreement 2023 (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.

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.

The Agreement does not contain a delegates’ rights term as required by s. 205A(1) of the Act. Pursuant to s. 205A(2), the workplace delegates’ rights term prescribed by the Road Transport and Distribution Award 2020 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2024. The nominal expiry date of the Agreement is 20 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, the Hanson Construction Materials Pty Ltd Agitator Drivers Agreement 2023. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not provide adequate protections for its members. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, specifically sections 231 and 232, which govern the approval of new enterprise agreements. The CFMEU contended that the agreement failed to ensure minimum pay rates and conditions for its members, arguing that it did not meet the 'better off overall test', a key criterion for approval. Hanson Construction Materials Pty Ltd maintained that the agreement was fair and reasonable, providing adequate protections and benefits to its employees, and thus met the necessary legal standards.

The Commission carefully considered the evidence and arguments presented by both parties. It found that the proposed agreement did indeed provide for minimum pay rates and conditions that were at least as good as those provided by the relevant industrial instrument. The Commission determined that the agreement met the 'better off overall test' and was therefore fair and reasonable. Consequently, the application for approval was successful.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Agitator Drivers Agreement 2023, and it will now be binding on the parties from the specified commencement date. This decision ensures that the new agreement is legally enforceable and that Hanson Construction Materials Pty Ltd and its employees are governed by the terms set out in the approved agreement.

Hanson Construction Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established