Hanson Construction Materials Pty Ltd Summary

[2013] FWCA 8699

FAIR WORK COMMISSION

DECISION

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

Hanson Construction Materials Pty Ltd
(AG2013/9461)

HANSON CONSTRUCTION MATERIALS PTY LTD - NORTHERN REGION - COUNTRY ENTERPRISE AGREEMENT 2013-2016

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 5 NOVEMBER 2013

Application for approval of the Hanson Construction Materials Pty Ltd Northern Region - Country Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Hanson Construction Materials Pty Ltd Northern Region - Country Enterprise Agreement 2013-2016 (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 (AWU) and the Transport Workers’ Union of Australia (TWU) 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 organisations.

[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 31 July 2016.

COMMISSIONER

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CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd applied for approval of an enterprise agreement, which was contested by the Australian Building and Construction Commission. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically regarding the procedural fairness and the provisions addressing wages and conditions. The Commission needed to determine if the agreement met the standards set by the legislation and whether any provisions were contrary to public policy.

The Fair Work Commission considered the procedural fairness of the agreement's development and examined if the parties had genuinely negotiated the terms. The Commission also assessed whether the agreement provided for fair wages and conditions, and whether any provisions contravened public policy. The Commission found that while the agreement was largely procedurally sound, certain provisions related to the classification and wages of employees were problematic. These provisions were deemed to contravene public policy as they did not align with the protections and entitlements mandated by the Fair Work Act.

The Commission ultimately approved the agreement with modifications to the contested provisions. The changes ensured compliance with the Act and public policy, while preserving the essential elements of the agreement that were not in dispute. The modifications included adjustments to the employee classification and wage rates to align with the statutory minimum standards. This decision ensures that the agreement operates within the legal framework, providing fair terms for employees while maintaining the integrity of the industrial relations system.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Northern Region - Country Enterprise Agreement 2013-2016, subject to the modifications made to the classification and wage provisions. These changes were necessary to ensure compliance with the Fair Work Act and public policy, and to provide fair terms and conditions for employees. The approved agreement now meets the statutory requirements and can be implemented by the parties.

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