Hanson Construction Materials Pty Ltd

[2014] FWCA 86

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/12050)

HANSON CONSTRUCTION MATERIALS PTY LTD SA COUNTRY DRIVERS’ & BATCHERS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 6 JANUARY 2014

Application for approval of the Hanson Construction Materials Pty Ltd SA Country Drivers’ & Batchers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd SA Country Drivers’ & Batchers 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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2014. The nominal expiry date will be 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd sought approval for the SA Country Drivers’ & Batchers Enterprise Agreement 2014 under the Fair Work Act 2009. The application was before the Fair Work Commission, where the key issue was whether the agreement met the requirements of the Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated, whether it contained the minimum terms and conditions, and if it was in the best interests of the employees.

The Commission examined the negotiation process and found that it was conducted in good faith and involved meaningful consultation between the employer and the employees. The agreement was also assessed against the minimum terms and conditions set out in the Fair Work Act. The Commission determined that the agreement contained all the necessary minimum terms, including provisions for wages, hours of work, and leave entitlements. Additionally, the Commission considered the potential impact of the agreement on the employees and concluded that it was in their best interests, as it provided for fair and reasonable terms of employment.

In light of the findings, the Fair Work Commission approved the Hanson Construction Materials Pty Ltd SA Country Drivers’ & Batchers Enterprise Agreement 2014. The approval signifies that the agreement meets the legislative requirements and is considered beneficial for the employees involved. The Commission’s decision provides certainty for both the employer and employees, ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established