DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson Construction Materials
(AG2018/3417)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION- METRO TIPPER DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 NOVEMBER 2018

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tipper Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tipper Drivers Enterprise Agreement 2018 (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 Construction Materials. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 27 November 2018 and, in accordance with s.54, will operate from 4 December 2018. The nominal expiry date of the Agreement is 1 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd, trading as Hanson Construction Materials, applied to the Fair Work Commission for the approval of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tipper Drivers Enterprise Agreement 2018. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised objections to certain provisions of the agreement, arguing they were contrary to public policy.

The primary legal issues before the Commission were whether the provisions of the agreement were contrary to public policy, specifically whether they contravened provisions of the Fair Work Act or other relevant legislation. The Commission also considered whether the agreement provided for the proper protection of employees' rights and interests. The CFMEU's objections centred on the provisions that allowed for the outsourcing of labour, the impact on redundancy entitlements, and the potential for reduced wages and conditions for drivers.

The Fair Work Commission carefully examined the provisions of the agreement in question and considered relevant legal principles and precedents. After reviewing the evidence and arguments presented, the Commission determined that the contested provisions did not contravene public policy or the Fair Work Act. The Commission found that the agreement provided for the proper protection of employees' rights and interests and was in line with the principles of the Fair Work Act. The Commission approved the application, and the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tipper Drivers Enterprise Agreement 2018 was registered as a certified agreement.

The Fair Work Commission approved the application for the registration of the Hanson Construction Materials Pty Ltd Eastern Region - Metro Tipper Drivers Enterprise Agreement 2018, finding that the provisions in question did not contravene public policy or the Fair Work Act. The Commission's decision was based on a thorough examination of the legal issues and evidence presented, and it recognised the agreement as a certified agreement under the Fair Work Act.

Hanson Construction Materials Pty Ltd T/A Hanson Construction Materials

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established