DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2015/6164)

HANSON CONSTRUCTION MATERIALS PTY LTD SOUTH EAST QUEENSLAND AGITATOR, CEMENT TANKER AND TIPPER DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 7 DECEMBER 2015

Application for approval of the Hanson Construction Materials Pty Ltd South East Queensland Agitator, Cement Tanker and Tipper Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd South East Queensland Agitator, Cement Tanker and Tipper Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hanson Construction Materials Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 December 2015. The nominal expiry date is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently applied to the Fair Work Commission for approval of their South East Queensland Agitator, Cement Tanker and Tipper Drivers Enterprise Agreement 2015. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements set out in the Fair Work Act 2009. The legal issues before the Commission involved the validity and compliance of the agreement with the statutory provisions, particularly regarding procedural fairness and the rights of employees under the Act.

The Fair Work Commission examined whether the agreement was made in good faith and whether it included provisions for the employees' safety, health, and welfare. Additionally, the Commission assessed whether the agreement contained all the terms and conditions of employment, including rates of pay and other entitlements. The company argued that the agreement was made in good faith and that it included all necessary provisions for the employees' protection and benefits. The Commission found that the agreement was generally fair and met the legislative requirements, but noted minor procedural issues that needed to be addressed.

The Fair Work Commission ultimately determined that, despite some procedural shortcomings, the agreement was fair and should be approved. The Commission ordered that the company address the identified procedural issues and resubmit the agreement for final approval. This decision highlights the importance of ensuring that enterprise agreements not only meet the statutory requirements but are also made in good faith and with proper procedural fairness.

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