DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/2522)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW WILLIAMSDALE QUARRY OPERATORS’, MAINTENANCE OPERATORS, AND DRIVERS’ ENTERPRISE AGREEMENT 2017

Quarrying industry
COMMISSIONER WILSON	MELBOURNE, 31 AUGUST 2017

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Williamsdale Quarry Operators’, Maintenance Operators, and 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 - NSW Williamsdale Quarry Operators’, Maintenance Operators, and 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 7 September 2017. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter under consideration was an application for the approval of an enterprise agreement by Hanson Construction Materials Pty Ltd, specifically for its Eastern Region NSW Williamsdale Quarry Operators, Maintenance Operators, and Drivers. The application was brought before the Fair Work Commission, a body established under the Fair Work Act 2009 to oversee and regulate workplace relations in Australia.

The legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act, including whether it contained the minimum terms and conditions as prescribed by the Act, and whether the agreement had been made in good faith and without coercion. Another aspect considered was whether the process by which the agreement was made adhered to the necessary procedural fairness.

The Commission found that the proposed enterprise agreement did indeed meet the statutory requirements. It contained all the minimum terms and conditions specified by the Fair Work Act, and the process by which the agreement was negotiated and finalised was deemed to be conducted in good faith without any element of coercion. The Commission was satisfied that the agreement had been made following the correct procedures and that all relevant parties had been afforded procedural fairness. Therefore, the Commission approved the enterprise agreement.

Accordingly, the Fair Work Commission granted the application for approval of the Hanson Construction Materials Pty Ltd – Eastern Region NSW Williamsdale Quarry Operators, Maintenance Operators, and Drivers’ Enterprise Agreement 2017. The agreement is now formally recognised and enforceable under the Fair Work Act, providing a legally binding framework for the terms and conditions of employment for the specified employees.

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