Hanson Construction Materials Pty Ltd T/A Hanson Summary

[2022] FWCA 133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson

(AG2021/9155)

Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement – 2021 - 2024

Quarrying industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 JANUARY 2022

Application for approval of the Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement - 2021 to 2024

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement – 2021-2024 (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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 17 January 2022 and, in accordance with s.54, will operate from 24 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Hanson Construction Materials Pty Ltd, trading as Hanson, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement for the period 2021 to 2024. The Fair Work Commission (FWC) was the court in which this application was heard.

The primary legal issues before the FWC were whether the enterprise agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with the requirements of the Fair Work Act 2009. The FWC was required to determine whether the agreement met the "better off overall test" and whether it was made in good faith. The CFMEU argued that the agreement did not adequately protect employees' interests, while Hanson contended that the agreement was fair, reasonable and met all legal requirements.

The FWC found that the enterprise agreement provided for fair and reasonable terms and conditions for employees, and that it complied with the requirements of the Fair Work Act. The FWC held that the agreement met the "better off overall test" and was made in good faith. The FWC emphasised that the agreement provided for a significant increase in wages and conditions for employees, and that the parties had engaged in extensive negotiations to reach the agreement. The FWC was satisfied that the agreement was fair and reasonable and approved it.

The FWC approved the Hanson Construction Materials Melbourne Metropolitan Aggregates Enterprise Agreement for the period 2021 to 2024, finding that it met all legal requirements and was fair and reasonable for employees. The CFMEU's objections were dismissed, and the agreement was approved as a registered agreement under the Fair Work Act.

Hanson Construction Materials Pty Ltd T/A Hanson

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established