Hanson Construction Materials Pty Ltd

[2016] FWCA 225

[2016] FWCA 225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2015/6935)

HANSON CONSTRUCTION MATERIALS PTY LTD BATCHING PLANT AGREEMENT 2015

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2016

Application for approval of the HANSON CONSTRUCTION MATERIALS PTY LTD BATCHING PLANT AGREEMENT2015.

[1] An application has been made for approval of an enterprise agreement known as the HANSON CONSTRUCTION MATERIALS PTY LTD BATCHING PLANT 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] 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. 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.

[4] 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.

[5] 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.

[6] The Agreement was approved on 13 January 2016 and, in accordance with s.54, will operate from 20 January 2016. The nominal expiry date of the Agreement is 20 December 2018.

COMMISSIONER

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Annexure A