DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2016/6000)

HANSON CONSTRUCTION MATERIALS PTY LTD WESTERN AUSTRALIAN COUNTRY QUARRIES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Hanson Construction Materials Pty Ltd Western Australian Country Quarries Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Western Australian Country 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 8 November 2016 and, in accordance with s.54, will operate from 15 November 2016. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of the Hanson Construction Materials Pty Ltd Western Australian Country Quarries Enterprise Agreement 2016. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The parties were unable to agree on whether certain terms of the proposed agreement were fair and reasonable, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was required to determine the appropriate terms of the agreement, including whether the agreement was fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act.

The Commission considered the evidence presented by both parties, including the economic and operational context of the agreement, the bargaining positions of the parties, and the nature and extent of the changes proposed by the agreement. The Commission found that the proposed agreement was fair and reasonable, and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the proposed agreement, subject to modifications to ensure compliance with the Fair Work Act. The modified agreement provides for changes to wages, allowances, and other conditions of employment for employees of Hanson Construction Materials Pty Ltd in Western Australia. The agreement also includes provisions for the establishment of a joint health and safety committee, and for the protection of employees' entitlements in the event of a change of ownership of the business. The parties are bound by the modified agreement, and it will apply to employees covered by the agreement from the date of approval.

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