Hanson Construction Materials Pty Ltd

[2023] FWCA 3138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd

(AG2023/2924)

HANSON CONSTRUCTION MATERIALS PTY LTD NORTHERN REGION METRO QUARRIES ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 27 SEPTEMBER 2023

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region Metro Quarries Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Northern Region Metro Quarries Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanson Construction Materials Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting part 1.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hanson Construction Materials Pty Ltd, sought approval of the Hanson Construction Materials Pty Ltd Northern Region Metro Quarries Enterprise Agreement 2023. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for being a "modern award" and ensuring the employees were not disadvantaged compared to those under a modern award. The primary parties involved were the applicant, representing the employer, and the Australian Manufacturing Workers' Union, representing the employees. The applicant argued that the agreement provided fair and reasonable terms for both parties, while the union contested specific clauses, claiming they disadvantaged employees.

The key legal issues the Commission had to resolve were whether the agreement was a "modern award" and if it did not disadvantage employees. The Commission needed to examine the agreement's provisions, particularly those contested by the union, to ensure they complied with the statutory requirements. This included assessing if the agreement met the "better off overall test" and if it contained all the minimum terms and conditions as per the Fair Work Act. The Commission also had to consider the broader impact on the employees' rights and protections under a modern award.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the criteria for a modern award and did not disadvantage employees. The Commission highlighted that the agreement provided for fair and reasonable terms and conditions of employment. It also concluded that the contested clauses did not adversely affect the employees, as they were either equivalent to or better than the terms in the relevant modern award. The Commission approved the agreement, emphasising its role in providing a fair and balanced outcome for both the employer and employees.

The final orders included the approval of the Hanson Construction Materials Pty Ltd Northern Region Metro Quarries Enterprise Agreement 2023, effective from 1 March 2023. The Commission noted that the agreement would operate as a modern award for the purposes of the Fair Work Act, ensuring that employees covered by the agreement would receive terms and conditions at least as good as those provided by the relevant modern award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established