DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2014/8383)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION - METRO CONCRETE AND TANKER DRIVERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 18 DECEMBER 2014

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Concrete and Tankers 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 - Metro Concrete and Tankers 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 agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Hanson Construction Materials Pty Ltd Eastern Region - Metro Concrete and Tankers Drivers Enterprise Agreement 2014. Hanson Construction Materials Pty Ltd is a party to the enterprise agreement, along with the Metropolitan Bulk Handling Stevedoring Association and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute concerns the terms and conditions of employment for drivers operating concrete and tankers within the eastern region of Australia. The Fair Work Commission considered several legal issues, including whether the agreement was genuinely negotiated, if it complied with the relevant provisions of the Fair Work Act 2009, and if it met the requirements for approval under the Act. Additionally, the Commission assessed whether the agreement provided for the appropriate balance between the interests of employers and employees.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and met the requirements for approval. The Commission was satisfied that the agreement had been negotiated in good faith and that the parties had made a genuine effort to reach an agreement. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009 and met the requirements for approval under the Act. The Commission considered the balance of the agreement and found that it provided for a fair and reasonable outcome for both employers and employees. The Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission's decision provides clarity on the requirements for approving enterprise agreements and the considerations that the Commission will take into account when assessing such agreements. The decision highlights the importance of genuine negotiation and compliance with the Fair Work Act 2009 in the enterprise agreement approval process. The final orders of the Commission included the approval of the enterprise agreement, subject to certain modifications, and the setting aside of a previous decision that had approved the agreement without modification. The Commission also ordered that the parties to the agreement take all necessary steps to ensure compliance with the modified agreement.

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