DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2016/7713)

HANSON CONSTRUCTION MATERIALS PTY LTD SOUTH EAST QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2017

Application for approval of the Hanson Construction Materials Pty Ltd South East Queensland Maintenance Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd South East Queensland Maintenance Enterprise Agreement 2016-2019 (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] The Agreement was approved on and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 12 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied for the approval of the South East Queensland Maintenance Enterprise Agreement 2016-2019, which was made between the company and the Australian Manufacturing Workers' Union. The court had to determine whether the agreement was a "genuine" enterprise agreement under the Fair Work Act 2009. This required assessing whether the agreement was negotiated genuinely and in good faith and whether it complied with the provisions of the Act. The court also considered whether the agreement was made in accordance with the requirements of the Fair Work (Registered Organisations) Act 2009.

The court identified several legal issues, including whether the agreement was genuinely negotiated and whether it complied with the relevant provisions of the Fair Work Act. The court also considered whether the agreement was made in accordance with the requirements of the Fair Work (Registered Organisations) Act. The court examined the evidence provided by both parties and considered the relevant statutory provisions. The court found that the agreement was genuinely negotiated and complied with the requirements of the Act. The court also found that the agreement was made in accordance with the requirements of the Fair Work (Registered Organisations) Act.

In reaching its decision, the court considered the evidence provided by both parties and the relevant statutory provisions. The court found that the agreement was genuinely negotiated and that the union had acted in good faith. The court also found that the agreement complied with the requirements of the Act and that it was made in accordance with the requirements of the Fair Work (Registered Organisations) Act. The court held that the agreement was a genuine enterprise agreement and approved it under the Fair Work Act.

The court ordered that the South East Queensland Maintenance Enterprise Agreement 2016-2019 be approved as a genuine enterprise agreement under the Fair Work Act 2009. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The court's decision provides clarity on the requirements for approving enterprise agreements and ensures that the rights of both employers and employees are protected.

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