DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/6704)

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

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 APRIL 2018

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region, Country Queensland 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, Country Queensland 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 27 April 2018. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied for approval of the Northern Region, Country Queensland Tipper & Tanker Drivers Enterprise Agreement 2018. The application was heard by Deputy President D’Abbs in the Fair Work Commission. The dispute involved the validity and approval of the enterprise agreement between the company and the drivers, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it had been made in good faith and whether it contained the mandated minimum terms and conditions. The court needed to examine if the agreement was procedurally sound and substantively fair.

The court considered the procedural fairness in the making of the agreement, including whether proper consultation and disclosure had occurred. It also assessed if the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act. Deputy President D’Abbs concluded that the enterprise agreement was made in good faith and contained all necessary minimum terms. The agreement was found to be procedurally valid, with adequate consultation and disclosure processes observed. The substantive content of the agreement was also deemed to meet the statutory requirements, ensuring the drivers' rights and protections were adequately provided for.

Consequently, Deputy President D’Abbs approved the enterprise agreement, finding it to be compliant with the statutory requirements. The court found no grounds to reject the agreement on the basis of either procedural or substantive flaws. The decision to approve the enterprise agreement was based on a thorough review of the evidence presented and the application of the relevant legal standards. The court's approval ensures that the agreement can now be implemented, providing a clear framework for the employment conditions of the drivers in the Northern Region, Country Queensland.

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