DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2014/10191)

HANSON CONSTRUCTION MATERIALS PTY LTD NORTHERN REGION, COUNTRY QUEENSLAND TIPPER DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 DECEMBER 2014

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region, Country Queensland Tipper Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Northern Region, Country Queensland Tipper Drivers Enterprise Agreement 2015 (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] In accordance with clause 1.9, the model consultation term is taken to be a term 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are Hanson Construction Materials Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute is an application for the approval of the Hanson Construction Materials Pty Ltd Northern Region, Country Queensland Tipper Drivers Enterprise Agreement 2015. The case was heard in the Fair Work Commission.

The legal issues before the court included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including provisions relating to minimum rates of pay, penalty rates, and shift loadings. The court was also required to consider whether the agreement met the requirement of being "better off overall" for the employees it covered.

The court found that the enterprise agreement was compliant with the relevant provisions of the Fair Work Act 2009. The court determined that the agreement provided for minimum rates of pay, penalty rates, and shift loadings that were no less favourable than the applicable award or registered agreement. The court also found that the agreement provided for a "better off overall" outcome for the employees it covered. The court approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The court's final orders included the approval of the enterprise agreement, subject to the modifications outlined in the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of the decision. The court further ordered that the agreement be published on the Fair Work Commission's website.

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