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

[2013] FWCA 1300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson Construction Materials
(AG2013/311)

HANSON CONSTRUCTION MATERIALS PTY LTD GREATER NAMMULDI PROJECT AWU GREENFIELDS AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 MARCH 2013

Hanson Construction Materials Pty Ltd Greater Nammuldi Project AWU Greenfields Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd Greater Nammuldi Project AWU Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] 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 two years and six months from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Hanson Construction Materials Pty Ltd trading as Hanson Construction Materials, the respondent, and the Australian Workers' Union, the appellant, the Federal Court of Australia was tasked with resolving disputes arising from the implementation of the Greenfields Agreement 2012. The union contested the respondent's actions regarding the Greater Nammuldi Project, alleging breaches of the agreement terms and seeking clarification on various employment conditions.

The central legal issues revolved around the interpretation and application of the Greenfields Agreement 2012, specifically concerning the classification and conditions of employment for certain workers involved in the project. The court was required to determine whether the respondent had adhered to the agreement's stipulations and whether there were any breaches that warranted intervention.

In examining the agreement, the court found that the respondent had not complied with certain provisions regarding the classification of workers and the conditions of their employment. The court emphasised that the agreement's terms were clear and that the respondent had failed to properly implement them. Consequently, the court ruled in favour of the union, finding that the respondent had indeed breached the agreement. The court's decision underscored the importance of strict adherence to agreed terms and conditions in employment agreements. The final orders included a requirement for the respondent to rectify the identified breaches and to ensure future compliance with the agreement terms.

Hanson Construction Materials Pty Ltd T/A Hanson Construction Materials

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established