Hanson Construction Materials Pty Ltd

[2024] FWCA 3464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2024/3043)

HANSON CONSTRUCTION MATERIALS PTY LTD SOUTH EAST QUEENSLAND CONCRETE BATCHERS ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER DURHAM	BRISBANE, 2 OCTOBER 2024

Application for approval of the Hanson Construction Materials Pty Ltd South East Queensland Concrete Batchers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd South East Queensland Concrete Batchers Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

I note the undertakings were provided in relation to the following:

annual leave – clause 5.2
personal leave – clause 5.3.2
rates of pay
dispute resolution term – clause 7.4
workplace delegates’ rights – clause 1.4

The Agreement contains a delegates’ rights term compliant with the Act. However, the term may not be entirely compliant with the Act. As such, pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Premixed Concrete Award 2020 will apply to the extent of any inconsistency where the Agreement provides less than the Award.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

annual leave – clause 5.2
personal leave – clause 5.3.2

However, noting the undertakings provided and the NES precedence term at clause 1.2, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 5 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied for approval of the South East Queensland Concrete Batchers Enterprise Agreement 2024. The application was heard by the Fair Work Commission, and the union representing the workers, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the terms of employment, conditions of work, and the process by which the agreement was formed.

The central legal issues involved whether the agreement contained all the mandatory terms specified in the Fair Work Act, whether the agreement was made in accordance with the provisions of the Act, and whether the agreement met the genuine agreement test. The court also considered whether the agreement was in the best interests of the employees and whether it complied with the statutory requirements for enterprise agreements.

In delivering its decision, the Fair Work Commission examined the contents of the agreement in detail, assessing each term against the statutory requirements. The Commission found that the agreement included all the mandatory terms, and the process by which it was negotiated and agreed upon was transparent and fair. The Commission determined that the agreement met the genuine agreement test and was in the best interests of the employees. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission approved the South East Queensland Concrete Batchers Enterprise Agreement 2024, finding it to be compliant with the Fair Work Act and in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established