Hanson Construction Materials Pty Ltd

[2014] FWCA 5520

FAIR WORK COMMISSION

DECISION

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

Hanson Construction Materials Pty Ltd
(AG2014/1894)

HANSON CONSTRUCTION MATERIALS PTY LIMITED - EASTERN REGION SYDNEY METRO BATCHERS ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 15 AUGUST 2014

Application for approval of the Hanson Construction Materials Pty Limited - Eastern Region Sydney Metro Batchers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Hanson Construction Materials Pty Limited - Eastern Region Sydney Metro Batchers 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 Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] 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

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CaseChat Overview and Summary

In the Fair Work Commission, Hanson Construction Materials Pty Ltd sought approval of the Eastern Region Sydney Metro Batchers Enterprise Agreement 2014. The dispute centred on the proposed terms and conditions outlined in the agreement, which aimed to govern the employment relationship between Hanson Construction Materials and its employees within the Eastern Region Sydney Metro Batchers. The Commission was tasked with determining whether the agreement was in compliance with the relevant industrial and legislative framework.

The legal issues before the Commission included whether the agreement provided for the payment of minimum rates of pay, entitlements, and other conditions set out in the applicable awards and whether it complied with the requirements for enterprise agreements under the Fair Work Act 2009. Additionally, the Commission had to assess whether the agreement had been made in good faith and whether the appropriate procedures for its negotiation and approval had been followed.

In its decision, the Commission determined that the agreement was compliant with the legislative requirements. The Commission found that the proposed agreement provided for the payment of minimum rates of pay and entitlements in accordance with the relevant awards and legislation. Furthermore, the Commission was satisfied that the agreement had been made in good faith and that the necessary procedures for its negotiation and approval had been followed. Consequently, the Commission approved the Hanson Construction Materials Pty Limited - Eastern Region Sydney Metro Batchers Enterprise Agreement 2014.

The Commission's approval of the enterprise agreement means that it will now be applicable to the employees covered by its terms, effective from the date of the decision. The agreement will govern the employment conditions of the employees within the specified region and batchers, ensuring that they are in line with the relevant industrial and legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established