DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2016/3802)

HANSON CONSTRUCTION MATERIALS PTY LTD SA PLANT SUPERVISORS AGREEMENT 2016

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 23 AUGUST 2016

Application for approval of the Hanson Construction Materials Pty Ltd SA Plant Supervisors Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd SA Plant Supervisors 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 21 May 2020.

COMMISSIONER

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CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied for approval of the Hanson Construction Materials Pty Ltd SA Plant Supervisors Agreement 2016, which sought to establish a new agreement for plant supervisors in South Australia. The application was made before the Fair Work Commission. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically regarding its procedural fairness and substantive fairness. The legal issues the court had to resolve included whether the agreement was genuinely negotiated, whether it provided for a safety net of minimum wages and conditions, and whether it complied with the requirements for fair terms and conditions.

The Fair Work Commission considered the evidence presented and the arguments from both parties. The Commission examined whether the agreement had been fairly negotiated and whether it complied with the procedural requirements for an enterprise agreement. It also assessed whether the agreement provided for a safety net of minimum wages and conditions. The Commission determined that the agreement was procedurally fair as it was genuinely negotiated between the employer and the employees' representatives. The Commission also found that the agreement provided for a safety net of minimum wages and conditions and was consistent with the national minimum standards. The Commission concluded that the proposed agreement met the criteria for approval and granted the application for approval.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd SA Plant Supervisors Agreement 2016. The decision was made on the basis that the agreement was procedurally fair, provided for a safety net of minimum wages and conditions, and complied with the requirements for fair terms and conditions. The approval of the agreement means that it will now apply to the employees covered by the agreement, and the terms and conditions set out in the agreement will govern their employment.

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