DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/475)

HANSON CONSTRUCTION MATERIALS PTY LTD - NORTHERN REGION - COUNTRY ENTERPRISE AGREEMENT 2016-2019

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 13 APRIL 2017

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region - Country Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd – Northern Region – Country Enterprise Agreement 2016 - 2019 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (“the Act”) by Hanson Construction Materials Pty Ltd (”the Applicant”). It is a single enterprise agreement.

[2] The Applicant has provided a written undertaking. A copy is contained in Annexure “A.” I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is accordingly accepted and in accordance with s.191 of the Act will now be taken to be a term of the Agreement.

[3] I am otherwise 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 20 April 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hanson Construction Materials Pty Ltd, sought approval for the Northern Region - Country Enterprise Agreement 2016-2019. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for its employees within the specified region. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the procedural requirements for approval. Key points of contention were the processes followed in the negotiation of the agreement and the fairness of its terms, including wages, hours of work, and other employment conditions.

The Commission found that the agreement had been genuinely negotiated, albeit with some procedural irregularities. These irregularities, however, did not undermine the overall fairness of the agreement. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the economic climate, the needs of the parties, and broader industry standards. Consequently, the application for approval was granted, subject to certain minor amendments to address the procedural concerns.

The Fair Work Commission approved the Northern Region - Country Enterprise Agreement 2016-2019, with the requirement that the applicant make specified amendments to address the procedural deficiencies identified during the hearing. These amendments included the provision of additional documentation and clarification on certain negotiation processes. The agreement, as amended, was to take effect from the date of the decision.

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