DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2015/3873)

HANSON CONSTRUCTION MATERIALS PTY LTD MELBOURNE METROPOLITAN AGGREGATES ENTERPRISE AGREEMENT - 1 JULY 2015 TO 30 JUNE 2018

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 6 AUGUST 2015

Application for approval of the Hanson Construction Materials Pty Ltd Melbourne Metropolitan Aggregates Enterprise Agreement - 1 July 2015 to 30 June 2018.

[1] On 7 July 2015, Hanson Construction Materials Pty Ltd (Applicant) made an application for approval of the Hanson Construction Materials Pty Ltd Melbourne Metropolitan Aggregates Enterprise Agreement - 1 July 2015 to 30 June 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Workers’ Union (AWU) and employee bargaining representatives have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The AWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 13 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission (FWC) for approval of a proposed enterprise agreement. The agreement was to cover a range of employees within the Melbourne metropolitan region and was to be effective from 1 July 2015 to 30 June 2018. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement and the FWC's role in ensuring the agreement met the criteria for approval under the Fair Work Act 2009.

The court was required to determine whether the proposed agreement complied with the legal standards set out in the Fair Work Act. This included verifying that the agreement had been made free of any improper conduct, had been fairly negotiated, and provided for matters that were genuine and within the scope of the agreement. Additionally, the court needed to assess if the agreement was in the best interests of the employees it was intended to cover.

In assessing the application, the FWC examined the negotiation process and the terms of the agreement. The FWC found that the agreement had been fairly negotiated and was in the best interests of the employees. The court also confirmed that the agreement contained provisions for genuine and appropriate matters and that it complied with the legal standards for enterprise agreements. Given these findings, the FWC approved the proposed agreement.

The final orders of the FWC were that the Hanson Construction Materials Pty Ltd Melbourne Metropolitan Aggregates Enterprise Agreement - 1 July 2015 to 30 June 2018, as lodged, was approved as a registered agreement. This approval allowed the agreement to be in effect from the specified dates and provided a legally binding framework for the employment conditions of the covered employees.

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