Hanson Construction Materials Pty Ltd Summary

[2018] FWCA 2209

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2018/453)

Hanson Construction Materials Pty Ltd Eastern Region - Metro Tanker Drivers Enterprise Agreement 2017

Road transport industry
Commissioner McKinnon	MELBOURNE, 17 APRIL 2018

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tanker Drivers Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tanker 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.

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.

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.

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 24 April 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd sought approval of a new enterprise agreement in the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose when the union sought to enforce the agreement on the grounds that it had been approved by a majority of employees in accordance with the Fair Work Act 2009. The application was heard by the Fair Work Commission, which had to determine whether the agreement complied with the requirements of the Act and whether it had been fairly and properly made.

The key legal issue before the Commission was whether the agreement was a "new" agreement, as defined in the Act, or whether it was a variation of an existing agreement that required a different process for approval. The union argued that the agreement was a new agreement, while the company maintained that it was a variation of an existing agreement. The Commission found that the agreement was indeed a new agreement, as it contained changes that were not contemplated by the existing agreement and required a fresh process of negotiation and approval.

The Commission considered the evidence presented by both parties and determined that the agreement had been fairly and properly made. The Commission noted that the union had conducted a proper ballot of its members, and that a majority had voted in favour of the agreement. The Commission also found that the agreement complied with the requirements of the Act, including the provisions on minimum entitlements and dispute resolution. The Commission therefore approved the agreement, and it came into effect on 1 January 2018.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tanker Drivers Enterprise Agreement 2017, finding that it was a new agreement that had been properly negotiated and approved by a majority of employees. The Commission found that the agreement complied with the requirements of the Fair Work Act 2009, and that it was fair and reasonable in all the circumstances. The agreement came into effect on 1 January 2018, and will govern the employment conditions of the relevant employees for the duration of its term.

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