Hanson Construction Materials Pty Ltd T/A Hanson Heidelberg Cement Group

[2021] FWCA 6743

[2021] FWCA 6743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson Heidelberg Cement Group
(AG2021/8146)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW COUNTRY QUARRY OPERATORS’, TIPPER DRIVERS’AND LABORATORY TECHNICIANS’ ENTERPRISE AGREEMENT 2021

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 18 NOVEMBER 2021

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators, Tipper Drivers’ and Laboratory Technicians’ Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators, Tipper Drivers’ and Laboratory Technicians’ Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hanson Construction Materials Pty Ltd T/A Hanson Heidelberg Cement Group (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 17 November 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020, Cement, Lime and Quarrying Award 2020 and Premixed Concrete Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2021. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513931  PR735911>

Annexure A