DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2016/7930)

HANSON CONSTRUCTION MATERIALS PTY LTD SA COUNTRY DRIVERS & BATCHERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 4 APRIL 2017

Application for approval of the Hanson Construction Materials Pty Ltd SA Country Drivers & Batchers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd SA Country Drivers & Batchers Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 4 April 2017 and, in accordance with s.54, will operate from 11 April 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Hanson Construction Materials Pty Ltd SA Country Drivers & Batchers Enterprise Agreement 2016. The dispute arose from disagreements between the company and the union representing the drivers and batchers regarding the terms of the proposed agreement.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the proper and efficient performance of work within the enterprise. The Commission needed to determine whether the agreement was made in good faith, was free from coercion and undue influence, and whether it complied with the "better off overall test".

The Commission found that the agreement did meet the requirements of the Act. The evidence presented showed that the agreement was made in good faith and was free from coercion and undue influence. The Commission also found that the agreement was fair and provided for the proper and efficient performance of work within the enterprise. The "better off overall test" was met, as the agreement provided for terms and conditions that were no less favourable than the applicable awards or the general law.

As a result, the Fair Work Commission approved the Hanson Construction Materials Pty Ltd SA Country Drivers & Batchers Enterprise Agreement 2016. This decision provides certainty for both the company and the union and ensures that the agreement will be in effect for the duration of its term, subject to any further negotiations or amendments.

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