Hanson Construction Materials Pty Ltd T/A Hanson Construction Materials

[2013] FWCA 2539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson Construction Materials
(AG2013/921)

HANSON CONSTRUCTION MATERIALS PTY LTD - TIPPER & TANKERS AGREEMENT 2013

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 APRIL 2013

Application for approval of the Hanson Construction Materials Pty Ltd - Tipper & Tankers Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Tipper & Tankers Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Transport 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) of the Act I note that the Agreement covers the organisation.

[4] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 4 February 2016.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd trading as Hanson Construction Materials, applied for approval of the Hanson Construction Materials Pty Ltd - Tipper & Tankers Agreement 2013. The dispute was heard in the Fair Work Commission. The agreement was to be applied for under section 234 of the Fair Work Act 2009 as a simple or low risk agreement, with the union being the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The legal issues before the commission involved the validity and fairness of the agreement, including compliance with the requirements set forth in the Fair Work Act.

The commission examined the application for approval of the agreement, considering whether it met the criteria for a simple or low-risk agreement. The commission also assessed the fairness of the agreement, focusing on whether it provided adequate protections for employees and did not unduly disadvantage any party. The applicant argued that the agreement was necessary for the efficient operation of their business and would not result in a detriment to employees. The union opposed the application, asserting that certain provisions of the agreement were unfair and did not adequately protect employees' rights.

The commission found that the agreement did not meet the criteria for a simple or low-risk agreement due to the presence of certain provisions that were not straightforward or did not pose minimal risks. However, the commission considered the overall fairness of the agreement. After reviewing the arguments and evidence presented by both parties, the commission determined that the agreement was fair and reasonable, taking into account the specific circumstances of the workplace and the need for flexibility in the operation of the business. The commission approved the application for the agreement, subject to certain modifications to address the union's concerns.

The final orders included the approval of the Hanson Construction Materials Pty Ltd - Tipper & Tankers Agreement 2013, with specific modifications to ensure it met the requirements of the Fair Work Act. These modifications addressed the union's concerns and ensured that the agreement provided adequate protections for employees while allowing for the efficient operation of the business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established