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

[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

Annexure A

CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, trading as Hanson Heidelberg Cement Group, sought approval of the proposed Enterprise Agreement 2021 from the Fair Work Commission. The agreement in question was intended to govern the terms and conditions of employment for quarry operators, tipper drivers, and laboratory technicians in the Eastern Region of New South Wales. The application was contested by various unions, who raised objections on behalf of their members.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring the agreement was free from any unfair provisions and that the bargaining process had been genuinely conducted. This involved scrutiny of the negotiation process, the content of the agreement, and the extent to which it complied with the provisions of the Fair Work Act.

The Commission undertook a detailed examination of the negotiation process and found it to be genuine, with no evidence of coercion or undue influence. The Commission further assessed the content of the agreement, considering various submissions and evidence presented by both the applicant and the objectors. Ultimately, the Commission concluded that the agreement was fair and met the necessary standards under the Fair Work Act. The objections raised by the unions were not sufficient to invalidate the agreement, as they did not demonstrate that the agreement contained unfair provisions or that the negotiation process was flawed.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators, Tipper Drivers’ and Laboratory Technicians’ Enterprise Agreement 2021. This decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment conditions for the specified roles in the region.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established