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

[2022] FWCA 542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson Construction Materials

(AG2021/9062)

Hanson Construction Materials Pty Ltd SA Drivers' Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 17 FEBRUARY 2022

Application for approval of the Hanson Construction Materials Pty Ltd SA Drivers’ Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd SA Drivers’ Enterprise Agreement 2021 (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. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 13 December 2024.

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, sought approval for its South Australian Drivers' Enterprise Agreement 2021. The application was lodged with the Fair Work Commission, which was tasked with assessing whether the proposed agreement complied with the relevant legislative framework. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the necessary standards for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary "independent dispute resolution" (IDR) clause, which is a mandatory term for such agreements. The Commission also had to assess whether the agreement had been genuinely negotiated between the employer and the union, as required by the Act.

In its decision, the Fair Work Commission found that the proposed agreement included an IDR clause that met the statutory requirements. The Commission concluded that the clause was in the correct form and provided for an appropriate process for resolving disputes. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated between the parties. The Commission noted that the union had provided evidence of its involvement in the negotiation process and that the agreement reflected the union's input. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the Hanson Construction Materials Pty Ltd SA Drivers’ Enterprise Agreement 2021 be approved and registered. The agreement became legally binding on the parties from the date of the Commission's decision. The union's objections were dismissed, and the employer was permitted to proceed with the implementation of the agreement.

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