Hanson Construction Materials Pty Ltd Summary

[2014] FWCA 5757

FAIR WORK COMMISSION

DECISION

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

Hanson Construction Materials Pty Ltd
(AG2014/1815)

HANSON TECHNICAL SERVICES EASTERN REGION AGGREGATES LABORATORY TECHNICIANS' ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2014

Application for approval of the Hanson Technical Services Eastern Region Aggregates Laboratory Technicians Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Technical Services Eastern Region Aggregates Laboratory Technicians Enterprise Agreement 2014 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 12 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Regional Technical Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In Hanson Construction Materials Pty Ltd, the Full Bench of the Fair Work Commission was tasked with approving the Hanson Technical Services Eastern Region Aggregates Laboratory Technicians Enterprise Agreement 2014. This case involved Hanson Construction Materials Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The dispute centred around whether the agreement met the requirements for approval under the Fair Work Act 2009.

The court needed to determine if the agreement complied with the relevant provisions of the Fair Work Act, including whether it was free from any provisions that contravened the Act, and if it included the necessary minimum terms and conditions. A significant issue was whether the proposed agreement provided for adequate pay and conditions, particularly in relation to shift loadings and allowances. The CFMEU argued that the proposed agreement did not adequately address these matters.

The Full Bench found that the agreement did not comply with the Fair Work Act. The court noted that the agreement failed to include adequate provisions for shift loadings and allowances, which are critical components of the employees' remuneration. Furthermore, the court determined that the agreement did not provide for the minimum terms and conditions as required by the Act. As a result, the application for approval was dismissed. The Full Bench emphasised that the agreement must ensure fair and reasonable terms and conditions of employment, which this agreement did not achieve.

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