DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/5997)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION - METRO CONCRETE DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 11 APRIL 2018

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Concrete 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 - Metro Concrete 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 18 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 proposed enterprise agreement in the Fair Work Commission. The agreement was intended to cover drivers of concrete mixer trucks and related equipment in the eastern region of metropolitan Melbourne. The dispute arose as the applicant contended that the proposed agreement was appropriate for the enterprise, while the respondents argued that the agreement did not meet the statutory requirements for approval.

The primary legal issues before the Commission were whether the proposed agreement provided for the proper management and operation of the enterprise, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission considered whether the agreement adequately provided for the determination of employment terms and conditions, and whether it complied with the good faith bargaining requirements.

The Commission found that the proposed agreement provided for the proper management and operation of the enterprise, and that it complied with the statutory requirements. The Commission noted that the agreement provided for the determination of terms and conditions of employment, including wages, hours of work, and other conditions such as leave and dispute resolution. The Commission also found that the agreement had been negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. The Commission approved the proposed enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission were that the proposed Hanson Construction Materials Pty Ltd Eastern Region - Metro Concrete Drivers Enterprise Agreement 2017 be approved, subject to the modifications made by the Commission. The modified agreement was to be registered by the Fair Work Ombudsman and would be in effect from the date of registration.

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