DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2017/843)

HANSON CONSTRUCTION MATERIALS PTY LTD SMALL TIPPER AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 APRIL 2017

Application for approval of the Hanson Construction Materials Pty Ltd Small Tipper Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Hanson Construction Materials Pty Ltd Small Tipper Agreement 2017 (the Agreement). The application was made by Hanson Construction Materials Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Transport Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Transport Workers’ Union and that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently faced an application for approval of the Hanson Construction Materials Pty Ltd Small Tipper Agreement 2017. The dispute arose between the company and its employees, represented by the Transport Workers Union of Australia, in the Fair Work Commission. The crux of the matter was the proposed changes to the employees' working conditions and hours as outlined in the new agreement.

The legal issues before the court revolved around whether the proposed changes in the Small Tipper Agreement were fair and reasonable, in line with the principles of the Fair Work Act 2009. Specifically, the court had to determine if the changes adequately balanced the interests of the employees, the employer, and the broader public, including ensuring that the employees were not subject to unreasonable working conditions.

In its decision, the Fair Work Commission considered the nature of the proposed changes, the bargaining power of the parties, and the principles of enterprise bargaining as set out in the Fair Work Act. The Commission found that the changes were necessary for the operational efficiency of the company and did not unduly compromise the employees' rights. The agreement was deemed to provide for appropriate safeguards and did not disadvantage the employees in a manner inconsistent with the principles of procedural and substantive fairness.

Consequently, the Fair Work Commission approved the Hanson Construction Materials Pty Ltd Small Tipper Agreement 2017, setting aside the application for its endorsement. The decision underscores the importance of ensuring that enterprise agreements facilitate fair and efficient workplace practices while protecting the rights of both employers and 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