DECISION

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

Hanson Construction Materials Pty Ltd
(AG2015/1432)

HANSON CONSTRUCTION MATERIALS PTY LTD, NORTHERN REGION BRISBANE, GOLD COAST AND SUNSHINE COAST BATCHERS ENTERPRISE AGREEMENT 2015-2018

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 23 JULY 2015

Application for approval of the Hanson Construction Materials Pty Ltd, Northern Region Brisbane, Gold Coast and Sunshine Coast Batchers Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd, Northern Region Brisbane, Gold Coast and Sunshine Coast Batchers Enterprise Agreement 2015-2018 (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 Fair Work Commission (FWC) received correspondence dated 22 July 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Operations Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 5 July 2018.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently applied to the Fair Work Commission for approval of the Northern Region Brisbane, Gold Coast and Sunshine Coast Batchers Enterprise Agreement 2015-2018. The Fair Work Commission was required to determine whether the agreement was in the public interest, taking into consideration various factors, including the impact on employees, the parties' bargaining positions, and the overall fairness of the agreement. The legal issues that arose involved assessing the compliance of the agreement with the Fair Work Act and ensuring that the agreement did not have an adverse effect on employees' rights or working conditions.

The Fair Work Commission found that the agreement was generally fair and balanced, taking into account the economic context and the bargaining positions of the parties. The Commission noted that the agreement provided for appropriate protections for employees and did not result in any significant adverse effects on their rights or working conditions. Furthermore, the Commission was satisfied that the agreement was in the public interest, as it provided a fair and reasonable outcome for both parties and contributed to industrial harmony. The application for approval was therefore granted.

As a result of the Commission's decision, the Northern Region Brisbane, Gold Coast and Sunshine Coast Batchers Enterprise Agreement 2015-2018 is now approved and legally binding on the parties involved. This outcome ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions set out in the approved agreement, providing certainty and stability in the workplace. The Fair Work Commission's decision demonstrates its commitment to ensuring that enterprise agreements are fair, balanced, and in the public interest, while also recognising the need to maintain industrial harmony and protect the rights of 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