DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2014/8408)

HANSON CONSTRUCTION MATERIALS PTY LTD NORTHERN REGION, NORTHERN TERRITORY TIPPER & TANKER 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, Northern Territory Tipper & Tanker 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, Northern Territory Tipper & Tanker 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 Company). The agreement is a single-enterprise agreement.

[2] On 12 December 2014 an undertaking was provided by Mr S Blank, the Company’s Regional Logistics Manager, in relation to clause 7.8 (Disputes Settlement Procedures) 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] In accordance with clause 1.9, the model consultation term is taken to be a term of the Agreement.

[4] 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.

[5] 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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hanson Construction Materials Pty Ltd applied for the approval of a new enterprise agreement, specifically the Northern Region, Northern Territory Tipper & Tanker Drivers Enterprise Agreement 2015. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for drivers in the Northern Territory, with a focus on the classification, remuneration, and working conditions of tipper and tanker drivers.

The legal issues before the Commission included whether the proposed enterprise agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, whether it allowed for the proper operation of businesses, and whether it complied with the provisions of the Fair Work Act. A key issue was whether the agreement appropriately balanced the interests of both the employees and the employer.

The Commission found that the proposed enterprise agreement was fair and reasonable, meeting the statutory criteria for approval. The agreement provided for a fair classification of drivers, appropriate remuneration, and reasonable working conditions, taking into account the unique demands of the role. The Commission also concluded that the agreement facilitated the proper operation of the employer’s business and complied with the Fair Work Act. The decision highlighted the importance of balancing the interests of both parties in enterprise agreements.

The Commission approved the enterprise agreement, setting a precedent for similar agreements in the industry. The terms and conditions outlined in the approved agreement were deemed to be fair and reasonable, providing for the proper operation of the employer’s business while also protecting the interests of the employees.

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