Hanson Construction Materials Pty Ltd

[2013] FWCA 9783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd
(AG2013/11681)

HANSON CONSTRUCTION MATERIALS PTY LTD SOUTH EAST QUEENSLAND MAINTENANCE ENTERPRISE AGREEMENT
2013-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 DECEMBER 2013

Application for approval of the Hanson Construction Materials Pty Ltd South East Queensland Maintenance Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd South East Queensland Maintenance Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Hanson Construction Materials Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 6 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 December 2013. The nominal expiry date of the Agreement is 20 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied to the Fair Work Commission for approval of the South East Queensland Maintenance Enterprise Agreement 2013-2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement failed to meet the requirements of the Fair Work Act 2009 (Cth) and did not fairly and appropriately provide for the employees' terms and conditions of employment. The primary dispute centred on whether the agreement appropriately protected employees' terms and conditions, including their wages, hours of work, and other employment-related matters.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act and whether it provided fairly and appropriately for the employees' terms and conditions. The Commission had to consider whether the agreement met the "better off overall test" and whether it appropriately covered the employees' terms and conditions. Additionally, the Commission needed to assess whether the agreement provided for the fair and appropriate treatment of employees, considering factors such as the bargaining power of the parties, the nature of the industry, and the public interest.

The Fair Work Commission found that the agreement met the statutory requirements for enterprise agreements and provided fairly and appropriately for the employees' terms and conditions. The Commission determined that the agreement satisfied the "better off overall test" and that it appropriately covered the employees' terms and conditions. The Commission also found that the agreement provided for the fair and appropriate treatment of employees, taking into account the relevant factors. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the South East Queensland Maintenance Enterprise Agreement 2013-2015, finding it to be compliant with the Fair Work Act and appropriately providing for the employees' terms and conditions. The Commission's decision was based on its determination that the agreement met the statutory requirements for enterprise agreements, satisfied the "better off overall test," and provided fairly and appropriately for the employees' terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established