DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2016/4196)

HANSON CONSTRUCTION MATERIALS PTY LTD VICTORIA COUNTRY OPERATIONS ENTERPRISE AGREEMENT 2016 - 2018

Quarrying industry
COMMISSIONER CIRKOVIC	MELBOURNE, 31 AUGUST 2016

Application for approval of the Hanson Construction Materials Pty Ltd Victoria Country Operations Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Victoria Country Operations Enterprise Agreement 2016 - 2018 (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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 31 August 2016 and, in accordance with s.54, will operate from 7 September 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd sought approval for its Victoria Country Operations Enterprise Agreement 2016-2018, which was being contested by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was heard by the Fair Work Commission, a tribunal with jurisdiction over such matters.

The legal issues before the Commission involved whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, if it had been genuinely negotiated, and if it met the criteria for approval under the Act. Additionally, the Commission examined whether the agreement contained provisions that were inconsistent with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the enterprise agreement met the legislative requirements for approval. The Commission considered that the agreement was in the best interests of the employees, had been genuinely negotiated, and was consistent with the relevant Acts. The Commission also noted that the provisions of the agreement were fair and reasonable, and did not contain any inconsistencies or unfair provisions. As a result, the Commission approved the Hanson Construction Materials Pty Ltd Victoria Country Operations Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Victoria Country Operations Enterprise Agreement 2016-2018, finding that it met the criteria for approval under the Fair Work Act 2009 and did not contain any inconsistencies or unfair provisions. The agreement was deemed to be in the best interests of the employees and had been genuinely negotiated.

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