DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2015/152)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION - NSW NORTH AGGREGATE OPERATORS’ AND DRIVERS’ ENTERPRISE AGREEMENT 2014

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 5 FEBRUARY 2015

Application for approval of the Hanson Construction Materials Pty Ltd-Eastern Region - NSW North Aggregate Operators’ and Drivers’ Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd-Eastern Region - NSW North Aggregate Operators’ and Drivers’ Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved and will operate from 12 February 2015. The nominal expiry date of the Agreement is 1 September 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied for approval of the Hanson Construction Materials Pty Ltd-Eastern Region - NSW North Aggregate Operators’ and Drivers’ Enterprise Agreement 2014. The Fair Work Commission heard the application and was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The dispute arose from the negotiation and proposed implementation of a new enterprise agreement between Hanson Construction Materials Pty Ltd and the trade union, which aimed to establish the terms and conditions of employment for the drivers and operators within the specified region.

The legal issues that the Fair Work Commission needed to address included whether the agreement satisfied the minimum terms and conditions outlined in the Fair Work Act, whether it adhered to the procedural requirements for enterprise agreements, and whether the agreement was in the best interests of the employees. Additionally, the Commission had to consider the submissions made by the parties regarding the fairness and reasonableness of the proposed terms and any potential impact on the employees' rights and entitlements.

In delivering its decision, the Fair Work Commission examined the content of the enterprise agreement against the statutory minimum standards and assessed whether the agreement was procedurally sound. The Commission considered the evidence presented by both parties, including the arguments regarding the fairness and reasonableness of the proposed terms. Ultimately, the Commission found that the agreement met the legal requirements and was in the best interests of the employees, taking into account the overall benefits it provided. The Fair Work Commission approved the agreement, noting its compliance with the relevant legislative provisions and its suitability for the workforce involved.

As a result of the approval, the Hanson Construction Materials Pty Ltd-Eastern Region - NSW North Aggregate Operators’ and Drivers’ Enterprise Agreement 2014 was formally recognised and enforceable under the Fair Work Act. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the new agreement would govern their employment relationship going forward.

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