Hanson Construction Materials Pty Ltd Summary

[2014] FWCA 6583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2014/7130)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION - METRO TIPPERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 19 SEPTEMBER 2014

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tippers 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 Tippers 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 Company). The agreement is a single-enterprise agreement.

[2] On 16 September 2014 undertakings were provided by Mr J Lardis, Transport Manager of the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2014. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hanson Construction Materials Pty Ltd, sought approval of the Eastern Region - Metro Tippers Enterprise Agreement 2014. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application. The dispute involved the terms and conditions of employment for the tipper drivers employed by Hanson Construction Materials in the Eastern Region of Australia.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement were fair and reasonable in all respects, as required by section 232 of the Fair Work Act 2009. This involved examining the agreement's provisions on wages, working conditions, and other employment terms, and determining if they complied with the Act and the Fair Work Regulations 2009. The Commission also needed to consider whether the agreement was made in good faith and without coercion, as mandated by section 228 of the Act.

After thorough examination of the agreement and the submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement was fair and reasonable in all respects. The Commission determined that the agreement provided for appropriate wage increases, contained clear and fair terms regarding working conditions, and was made in good faith without any evidence of coercion. The Commission approved the application for the agreement's registration, thereby making it a legally binding instrument under the Fair Work Act.

The final orders of the Commission included the registration of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tippers Enterprise Agreement 2014, which became effective from the date of the Commission's decision. The agreement was to be applied to all employees covered by it, ensuring that the terms and conditions of employment were governed by the new agreement from that date onwards.

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