Hanson Construction Materials Pty Ltd Summary

[2014] FWCA 7070

FAIR WORK COMMISSION

DECISION

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

Hanson Construction Materials Pty Ltd
(AG2014/7697)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW WEST AGGREGATE TRANSPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 9 OCTOBER 2014

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW West Aggregate Transport 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 West Aggregate Transport 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 October 2014. The nominal expiry date is 1 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW West Aggregate Transport Enterprise Agreement 2014. The application was brought by the Fair Work Commission in its capacity as the relevant federal workplace relations authority. The primary dispute centred on the fairness and compliance of the proposed agreement with the provisions of the Fair Work Act 2009.

The legal issues that the court was required to decide centred on whether the agreement met the criteria for approval as outlined in the Fair Work Act. This included determining if the agreement was made in good faith, if it provided for proper mechanisms for dispute resolution, and if it was in the best interests of the employees involved. Furthermore, the court had to assess if the agreement complied with relevant minimum standards and if it was consistent with other relevant federal laws.

The Fair Work Commission, after examining the submissions and evidence presented by both parties, concluded that the agreement was fair and compliant with the requirements of the Act. The Commission found that the agreement was made in good faith, provided adequate mechanisms for dispute resolution, and was in the best interests of the employees. The court further found that the agreement met all minimum standards and was consistent with other federal laws. As such, the application for approval of the agreement was successful.

The final orders of the Commission were to approve the Hanson Construction Materials Pty Ltd - Eastern Region - NSW West Aggregate Transport Enterprise Agreement 2014, with certain modifications to ensure compliance with the Act. The modifications included clarifying certain provisions to ensure clarity and fairness in the agreement.

Hanson Construction Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established