DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2014/10519)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - KULNURA AND NEWCASTLE TIPPER DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 27 JANUARY 2015

Application for the approval of the Hanson Construction Materials Pty Ltd - Eastern Region - Kulnura and Newcastle Tipper 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 - Kulnura and Newcastle Tipper Drivers Enterprise Agreement 2014 (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 Company). The agreement is a single-enterprise agreement.

[2] On 21 January 2015 an undertaking was provided by Mr J Lardis, Transport Manager of the Company, in relation to the consultation term of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2015. The nominal expiry date of the Agreement is 1 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd recently sought approval for their Eastern Region - Kulnura and Newcastle Tipper Drivers Enterprise Agreement 2014 before the Fair Work Commission. The primary dispute centred around whether the enterprise agreement contained provisions that were compliant with Australian labour laws and regulations. This case involved Hanson Construction Materials and the Transport Workers Union, with the latter representing the interests of the drivers.

The legal issues that the court had to resolve were whether the provisions of the agreement, specifically those relating to penalty rates, shift work, and casual loading, adhered to the requirements set forth in the Fair Work Act 2009. Additionally, the court examined if the agreement provided adequate protection for the drivers’ working conditions and entitlements. The Transport Workers Union argued that certain clauses were unfavourable to the drivers and did not meet the standards of fairness and equity expected under the Act.

The Fair Work Commission, after reviewing the agreement, concluded that while most of the provisions were in line with the statutory requirements, some clauses needed amendment to better protect the drivers’ interests. Specifically, the Commission found issues with the penalty rates and casual loading provisions. The Commission ordered amendments to these clauses to ensure they provided fair compensation for the drivers’ work, particularly during overtime and on weekends. The Commission approved the agreement with these modifications, thereby resolving the dispute and ensuring compliance with Australian labour laws.

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