Hanson Construction Materials Pty Ltd T/A Hanson Summary

[2024] FWCA 4364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hanson Construction Materials Pty Ltd T/A Hanson

(AG2024/4393)

HANSON’S TWU MELBOURNE METROPOLITAN AREA TRUCK DRIVER AGREEMENT 2023 - 2026

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 6 DECEMBER 2024

Application for approval of the Hanson’s TWU Melbourne Metropolitan Area Truck Driver Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Hanson’s TWU Melbourne Metropolitan Area Truck Driver Agreement 2023 - 2026 (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 T/A Hanson. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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, will operate from 13 December 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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CaseChat Overview and Summary

Hanson Construction Materials Pty Ltd T/A Hanson sought approval of their proposed truck driver agreement for the Melbourne metropolitan area. The application was brought before the Fair Work Commission. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, the classification of employees, and the provisions relating to wages, hours of work, and other conditions of employment. The Commission needed to assess whether the agreement provided fair and reasonable terms that did not prejudice the essential rights of employees or employers.

The Commission examined the proposed agreement clause by clause, considering the balance of rights and obligations between the parties. It considered the classification of employees and whether the agreement accurately reflected the roles and responsibilities of truck drivers. The Commission also assessed whether the wages and conditions provided were fair and reasonable, taking into account industry benchmarks and the parties' submissions. The Commission concluded that the proposed agreement met the statutory requirements and was fair and reasonable in all respects. It approved the agreement, which will now govern the employment conditions of truck drivers in the Melbourne metropolitan area for the specified period.

The Commission made several specific findings that supported its decision to approve the agreement. It found that the agreement appropriately classified employees and provided for fair wages and conditions of employment. The Commission also noted the parties' good faith efforts to reach a consensus and the comprehensive nature of the agreement. The Commission's decision was based on a detailed analysis of the proposed agreement and the submissions from both parties. The final orders included the approval of the Hanson’s TWU Melbourne Metropolitan Area Truck Driver Agreement 2023 - 2026, which will now be binding on the parties as of the effective date specified in the agreement.

Hanson Construction Materials Pty Ltd T/A Hanson

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established