DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/5733)

HANSON CONSTRUCTION MATERIALS PTY LTD - SOUTHERN REGION CONCRETE FIELD TESTER’S ENTERPRISE AGREEMENT 2017 - 2021

Cement and concrete products
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2017

Application for approval of the Hanson Construction Materials Pty Ltd - Southern Region Concrete Field Tester’s Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Southern Region Concrete Field Tester’s Enterprise Agreement 2017 - 2021 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Hanson Construction Materials Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hanson Construction Materials Pty Ltd, sought approval for the proposed Enterprise Agreement with the Southern Region Concrete Field Testers, which covered the period from 2017 to 2021. The applicant argued that the proposed agreement provided for fair and reasonable terms and conditions of employment. The Southern Region Concrete Field Testers opposed the application, contending that certain provisions of the proposed agreement were unfair and did not meet the requirements of the Fair Work Act.

The central legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act and was fair and reasonable in all its terms. This involved assessing whether the agreement provided for appropriate pay and conditions, including minimum rates of pay, penalties for exceeding ordinary hours of work, and adequate leave entitlements. The Commission also considered whether the agreement contained appropriate mechanisms for resolving workplace disputes and provided for adequate protection for employees against adverse action.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act and was fair and reasonable in all its terms. The Commission noted that the proposed agreement provided for appropriate minimum rates of pay, penalties for exceeding ordinary hours of work, and adequate leave entitlements. The Commission also found that the agreement contained appropriate mechanisms for resolving workplace disputes and provided for adequate protection for employees against adverse action. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission approved the proposed Enterprise Agreement between Hanson Construction Materials Pty Ltd and the Southern Region Concrete Field Testers, effective from 1 January 2017 to 31 December 2021. The Commission found that the proposed agreement met the requirements of the Fair Work Act and was fair and reasonable in all its terms. The Commission noted that the proposed agreement provided for appropriate minimum rates of pay, penalties for exceeding ordinary hours of work, and adequate leave entitlements. The Commission also found that the agreement contained appropriate mechanisms for resolving workplace disputes and provided for adequate protection for employees against adverse action.

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