Hanson Construction Materials Pty Ltd T/A Hanson Australia Pty Ltd Summary

[2024] FWCA 1511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson Australia Pty Ltd

(AG2024/1030)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION – NSW COUNTRY BATCHERS’ ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 23 APRIL 2024

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region – NSW Country Batchers’ Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Eastern Region – NSW Country Batchers’ Enterprise Agreement 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 T/A Hanson Australia Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

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

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 23 April 2024 and, in accordance with s 54, will operate from 30 April 2024. The nominal expiry date of the Agreement is 1 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd, trading as Hanson Australia Pty Ltd, applied to the Fair Work Commission for approval of their Eastern Region – New South Wales Country Batchers' Enterprise Agreement 2024. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and whether it was appropriately certified by an independent certifier.

The legal issues before the Commission included the validity of the certification process, the fairness and coverage of the proposed terms and conditions, and whether the agreement complied with the provisions of the Fair Work Act. Hanson argued that the agreement was a genuine enterprise agreement that provided for the efficient operation of the business and fair terms for employees. Conversely, concerns were raised about the adequacy of the negotiation process and the extent to which the agreement protected employee rights.

The Commission examined the evidence and submissions from both Hanson and the objectors. It considered the process by which the agreement was certified and the content of the proposed agreement. The Commission found that the agreement was appropriately certified and that it contained fair and reasonable terms for the employees. The Commission concluded that the agreement was in the public interest and would not have an adverse effect on the operation of the business or the welfare of the employees. Consequently, the Fair Work Commission approved the application for the agreement.

The Fair Work Commission ordered the approval of the Hanson Construction Materials Pty Ltd Eastern Region – New South Wales Country Batchers' Enterprise Agreement 2024. This approval was subject to the agreement being registered with the Fair Work Commission and the implementation of the terms and conditions as set out in the agreement.

Hanson Construction Materials Pty Ltd T/A Hanson Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established