DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2016/7717)

HANSON CONSTRUCTION MATERIALS PTY LTD, NORTHERN REGION METRO QUARRIES ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2017

Application for approval of the Hanson Construction Materials Pty Ltd, Northern Region Metro Quarries Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd, Northern Region Metro Quarries 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 22 February 2017. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Hanson Construction Materials Pty Ltd, sought approval of the Enterprise Agreement from the Fair Work Commission. The agreement related to the Northern Region Metro Quarries and involved the employees of the company who were members of the relevant union. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other related matters. The Fair Work Commission was the court that heard and decided upon this matter.

The primary legal issue the Fair Work Commission had to decide was whether the Enterprise Agreement was in compliance with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for approval, including whether it provided for the proper negotiation process, was free from any improper influences, and did not discriminate against any group of employees. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the Enterprise Agreement was in compliance with the Fair Work Act 2009. The Commission noted that the agreement had been negotiated in good faith and was free from any improper influences. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wages and hours of work. Therefore, the Fair Work Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement and made orders accordingly. The orders included the approval of the agreement, which would now be binding on the parties and their employees. The Commission also ordered that the agreement be registered with the Fair Work Commission and published on its website.

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