| [2015] FWCA 1034 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Hanson Construction Materials Pty Ltd
(AG2015/179)
HANSON CONSTRUCTION MATERIALS PTY LTD SOUTH EAST QUEENSLAND AGITATOR AND TIPPER DRIVERS ENTERPRISE AGREEMENT 2013
Road transport industry | |
COMMISSIONER SPENCER | BRISBANE, 17 FEBRUARY 2015 |
Application for variation of the Hanson Construction Materials Pty Ltd South East Queensland Agitator and Tipper Drivers Enterprise Agreement 2013.
[1] An application has been made by Hanson Construction Materials Pty Ltd for approval of a variation to an enterprise agreement known as the Hanson Construction Materials Pty Ltd South East Queensland Agitator and Tipper Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act).
[2] The variation can be found at Attachment 1 to this Decision. The variation includes two new classifications: Cement Tanker Operator Grade 6 and Semi Agitator Operator Grade 6.
[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement and entitled to represent the industrial interests of employees covered by the Agreement, does not object to the variation.
[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.
[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from the date of this Decision.
[6] A consolidated version of the Agreement, as varied, is attached to this Decision.
COMMISSIONER
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Attachment 1
- AGLC
- Hanson Construction Materials Pty Ltd [2015] FWCA 1034
- Case
- [2015] FWCA 1034
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the proposed variations to the enterprise agreement were necessary to ensure the continued viability of Hanson Construction Materials' operations in Queensland. The application involved changes to work arrangements, including shifts, overtime, and leave provisions, which the applicant argued were essential to address operational challenges and remain competitive in the market. The respondents contended that the changes would adversely affect employees' conditions and were not necessary for the business's viability.
In considering the application, the Commission examined the evidence presented by both parties regarding the operational context and the necessity of the proposed changes. The Commission acknowledged the significant financial pressures faced by Hanson Construction Materials and the potential impact on its ability to sustain operations in Queensland. However, it also considered the impact of the changes on employees, particularly the potential for increased work hours and reduced rest periods. After careful deliberation, the Commission concluded that the proposed variations were necessary to secure the company's future and granted the application, subject to certain conditions to protect employees' interests.
The final orders included specific provisions to mitigate the impact of the changes on employees, such as ensuring adequate rest periods and providing compensatory leave. The Commission's decision balanced the need for operational flexibility with the protection of employees' conditions, reflecting its role in facilitating fair work practices while recognising the importance of business viability.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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