| [2017] FWCA 6070 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hanson Construction Materials Pty Ltd
(AG2017/3643)
HANSON CONSTRUCTION MATERIALS PTY LIMITED - EASTERN REGION SYDNEY METRO CONCRETE BATCHER’S ENTERPRISE AGREEMENT 2017
Cement and concrete products | |
COMMISSIONER GREGORY | SYDNEY, 17 NOVEMBER 2017 |
Application for approval of the Hanson Construction Materials Pty Limited - Eastern Region Sydney Metro Concrete Batcher’s Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Limited - Eastern Region Sydney Metro Concrete Batcher’s 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 Australian Workers’ Union 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 24 November 2017. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
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Annexure A
- AGLC
- Hanson Construction Materials Pty Ltd [2017] FWCA 6070
- Case
- [2017] FWCA 6070
- Decision Date
CaseChat Overview and Summary
The Commission examined the agreement to ensure it complied with the requirements set out in the Fair Work Act. The primary focus was on whether the agreement facilitated proper determination of employees' terms and conditions and if it was free from any undue influence or interference. The Commission also assessed whether the agreement was made in good faith and if it included minimum entitlements that complied with the National Employment Standards. After a thorough review, the Commission concluded that the agreement met all the necessary criteria and did not contain any improper influence or interference.
The Fair Work Commission approved the Hanson Construction Materials Pty Limited - Eastern Region Sydney Metro Concrete Batcher’s Enterprise Agreement 2017, finding it compliant with the Fair Work Act. The Commission determined that the agreement properly addressed the employees' terms and conditions and was made in good faith. The agreement was also found to provide for the minimum entitlements required by law. This decision ensures that the employees covered by the agreement benefit from a legally sound and fair workplace arrangement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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