DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2015/4398)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW COUNTRY BATCHERS’ ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 22 SEPTEMBER 2015

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Batchers' Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Batchers' Enterprise 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, sought approval of its proposed Enterprise Agreement (EA) for the Eastern Region NSW Country Batchers. The EA was to be applied to its employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application for approval was brought before the Fair Work Commission (FWC). The CFMEU opposed the application, citing various issues with the proposed EA.

The key legal issues the FWC had to decide were whether the EA met the requirements of the Fair Work Act 2009 (FW Act), particularly in terms of being a "better off overall test" (BOOT) compliant agreement. The CFMEU argued that the proposed EA did not provide employees with sufficient protections and benefits, and therefore did not meet the BOOT requirements. Hanson Construction Materials Pty Ltd contended that the EA was fair and reasonable and provided for better terms and conditions than the existing awards.

The FWC found that the proposed EA did meet the BOOT requirements. It acknowledged that the EA provided for better terms and conditions than the existing awards and that it contained provisions that were beneficial to the employees. The FWC was satisfied that the agreement was fair and reasonable and that it met the requirements of the FW Act. The FWC approved the Hanson Construction Materials Pty Ltd - Eastern Region NSW Country Batchers' Enterprise Agreement 2015.

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