[2018] FWCA 5666

The attached document replaces the document previously issued with the code [2018] FWCA 4898 on 5 September 2018.

The Print ID and MNC (identifying numbers) are amended to correct an administrative error.

Member Assist on behalf of

Commissioner Harper-Greenwell

7 September 2018

[2018] FWCA 5666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson
(AG2018/2254)

HANSON MELBOURNE METROPOLITAN AREA TRUCK DRIVER AGREEMENT 2018 - 2020

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Hanson Melbourne Metropolitan Area Truck Driver Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the HANSON MELBOURNE METROPOLITAN AREA TRUCK DRIVER AGREEMENT 2018 - 2020 (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 T/A Hanson. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd, trading as Hanson, applied to the Fair Work Commission for approval of the Hanson Melbourne Metropolitan Area Truck Driver Agreement 2018-2020. The applicant sought to resolve a workplace dispute with its drivers, who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The drivers alleged that the proposed agreement did not adequately address their concerns regarding working conditions, wages, and other employment terms. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement provided a fair and reasonable basis for resolving the workplace dispute. Specifically, the Commission needed to assess if the agreement met the requirements set forth in the Fair Work Act, particularly in relation to its fairness, the process by which it was made, and its alignment with the principles of good faith bargaining. The Commission also had to consider the views of the drivers, as well as the employer's justification for the terms proposed.

In its decision, the Commission examined the details of the proposed agreement and the context of the bargaining process. The Commission found that the drivers' concerns were valid and that the proposed agreement did not adequately address key issues such as the classification of drivers, the impact of technological changes on employment conditions, and the overall fairness of the terms. The Commission noted that while the employer had engaged in good faith, the drivers' dissatisfaction indicated that the agreement was not sufficiently responsive to their needs. Consequently, the Commission did not approve the agreement, highlighting the need for further negotiations to achieve a fair and reasonable resolution.

The Commission's final order was that the Hanson Melbourne Metropolitan Area Truck Driver Agreement 2018-2020 was not approved. It mandated that the parties engage in further discussions to address the drivers' concerns and to reach an agreement that is fair and reasonable. The Commission emphasised the importance of good faith bargaining and the necessity for both parties to work collaboratively to resolve the ongoing workplace dispute.

Hanson Construction Materials Pty Ltd T/A Hanson

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established