Hanson Construction Materials Pty Ltd

[2016] FWCA 582

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2015/7033)

HANSON CONSTRUCTION MATERIALS PTY LTD AGITATOR

DRIVERS’ AGREEMENT 2015

Road transport industry

COMMISSIONER ROE

MELBOURNE, 29 JANUARY 2016

Application for approval of the Hanson Construction Materials Pty Ltd Agitator Drivers’

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Hanson Construction Materials Pty Ltd Agitator Drivers’ Agreement 2015 (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 Transport Workers’ Union of Australia, 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.
[2016] FWCA 582

[4] The Agreement was approved on 29 January 2016 and, in accordance with s.54, will

operate from 5 February 2016. The nominal expiry date of the Agreement is 20 December

2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Hanson Construction Materials Pty Ltd Agitator Drivers’ Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009. The application was made by Hanson Construction Materials Pty Ltd. The Agreement is a single enterprise agreement that does not cover all employees of the employer but was deemed fairly chosen based on the factors outlined in section 186(3) and (3A) of the Act. The Transport Workers’ Union of Australia, acting as a bargaining representative for the Agreement, indicated its desire for the Agreement to cover it, and the Agreement was subsequently approved.

The legal issues the court had to address included whether the requirements of sections 186, 187, and 188 of the Fair Work Act were met, and if the group of employees covered by the Agreement was fairly chosen. The court also had to consider whether the Transport Workers’ Union of Australia, as a bargaining representative, wanted the Agreement to cover it, which it did.

The court found that the Agreement met the necessary requirements for approval under the Fair Work Act. The Commissioner was satisfied that the group of employees covered by the Agreement was fairly chosen, and that the Transport Workers’ Union of Australia wanted the Agreement to cover it. The Agreement was approved and would operate from 5 February 2016, with a nominal expiry date of 20 December 2019. The court's decision was based on the evidence presented and the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established