DECISION

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

Hanson Construction Materials Pty Ltd
(AG2015/2776)

HANSON MELBOURNE METROPOLITAN AREA TRUCK DRIVER - TWU FAIR WORK AGREEMENT 2015-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 JUNE 2015

Application for approval of the Hanson Melbourne Metropolitan Area Truck Driver - TWU Fair Work Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Melbourne Metropolitan Area Truck Driver - TWU Fair Work Agreement 2015 - 2017 (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 9 June 2015. The nominal expiry date is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of the Hanson Melbourne Metropolitan Area Truck Driver - TWU Fair Work Agreement 2015 - 2017. The Transport Workers Union sought to have the agreement approved and registered. The dispute centred around the validity and enforceability of the agreement, with Hanson Construction Materials arguing that the agreement did not meet the legal requirements for approval and registration under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the agreement was made in good faith and for the purpose of establishing a fair work instrument. Hanson Construction Materials contended that the agreement was not made in good faith as it was influenced by the threat of industrial action and was not genuinely negotiated. Additionally, Hanson argued that the agreement did not meet the requirements of a fair work instrument as it did not include certain mandatory provisions. The TWU, on the other hand, argued that the agreement was made in good faith and was a genuine effort to negotiate a fair and reasonable agreement.

The Fair Work Commission found that the agreement was made in good faith and for the purpose of establishing a fair work instrument. The Commission noted that while the negotiations were influenced by the threat of industrial action, this did not necessarily mean that the agreement was not made in good faith. The Commission also found that the agreement included all the mandatory provisions required by the Fair Work Act and was therefore a valid and enforceable agreement. The Commission approved and registered the agreement, rejecting Hanson Construction Materials' objections.

The Fair Work Commission's decision confirms that the threat of industrial action does not automatically render an agreement invalid or not made in good faith. Employers and unions must continue to negotiate in good faith and ensure that all mandatory provisions are included in any agreement to ensure its validity and enforceability. The Commission's decision also highlights the importance of ensuring that agreements are genuinely negotiated and not influenced by external factors.

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