DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/3656)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION – ACT CANBERRA CONCRETE OPERATORS’ AND AGITATOR DRIVERS’ ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER WILSON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - ACT Canberra Concrete Operators’ and Agitator 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 - ACT Canberra Concrete Operators’ and Agitator 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, sought approval for the proposed enterprise agreement from the Fair Work Commission. The respondents included various unions and employee representatives who raised concerns about the terms of the agreement. The legal dispute centred on whether the agreement met the requirements under the Fair Work Act 2009, particularly focusing on the obligations to provide for minimum terms and conditions, and to ensure the agreement was in the best interests of the employees. The Fair Work Commission was tasked with determining whether the proposed agreement complied with statutory provisions and whether it appropriately balanced the interests of both employers and employees.

The central legal issues were whether the proposed agreement complied with the provisions of the Fair Work Act, and whether it provided for minimum terms and conditions as required by law. Additionally, the court had to assess if the agreement was made in good faith and whether it was in the best interests of the employees. The court examined various aspects of the agreement, including pay rates, working conditions, and dispute resolution mechanisms, to determine its fairness and compliance. The court also considered submissions from both the applicant and the respondents to understand their positions and the implications of the agreement on the workforce.

The Fair Work Commission concluded that the proposed agreement did not fully comply with the statutory requirements under the Fair Work Act. The court found that certain provisions in the agreement did not adequately provide for minimum terms and conditions and did not sufficiently address the best interests of the employees. Specifically, the court noted that the agreement did not include adequate provisions for overtime, shift penalties, and other essential working conditions. Furthermore, the court was not satisfied that the agreement had been made in good faith or that it balanced the interests of both parties appropriately. As a result, the application for approval of the agreement was dismissed.

No further orders were made in the decision. The Fair Work Commission did not provide any additional directives or recommendations beyond the dismissal of the application. The applicant was required to address the identified issues and resubmit the agreement for consideration if they wished to seek approval in the future.

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