DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2016/4206)

HANSON AND HYMIX TECHNICAL SERVICES, EASTERN REGION TESTERS’ ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson and Hymix Technical Services, Eastern Region Testers’ 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] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, sought approval of a new enterprise agreement from the Fair Work Commission. The proposed agreement, the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2016, was intended to regulate the terms and conditions of employment for testers in the eastern region. The dispute centred on whether the agreement met the criteria set out in the Fair Work Act 2009 for being a lawful and effective enterprise agreement.

The court had to determine whether the agreement complied with the procedural and substantive requirements for enterprise agreements under the Fair Work Act 2009. Key issues included whether the agreement was made in good faith, whether it was properly negotiated, and whether it contained all the required minimum terms and conditions. The court also needed to assess whether the agreement met the procedural requirements, such as the correct identification of the parties, the coverage of employees, and the process of consultation and notification.

The Fair Work Commission found that the proposed agreement did not meet the statutory requirements. The court held that the agreement did not appropriately identify the parties and the scope of the agreement. Additionally, the commission found that the agreement did not contain all the required minimum terms and conditions as mandated by the Fair Work Act 2009. The commission also concluded that the negotiation process did not comply with the statutory obligations, particularly in terms of good faith and genuine consultation. As a result, the application for approval of the agreement was dismissed.

The Fair Work Commission ordered that the Hanson and Hymix Technical Services, Eastern Region Testers’ Enterprise Agreement 2016 not be approved and directed the parties to engage in further negotiations to ensure compliance with the Fair Work Act 2009. The commission emphasised the importance of adhering to the legislative requirements to ensure fair and effective workplace agreements.

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