DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hanson Construction Materials Pty Ltd; Transport Workers' Union of Australia
(AG2016/137)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION - NSW COUNTRY QUARRY OPERATORS' AND DRIVERS' AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 3 FEBRUARY 2016

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators' and Drivers' Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators' and Drivers' Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The The Australian Workers’ Union (AWU) and the Transport Workers’ Union of Australia (TWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and will operate from 10 February 2016. The nominal expiry date of the Agreement is 1 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, applied for the approval of the Hanson Construction Materials Pty Ltd - Eastern Region - NSW Country Quarry Operators' and Drivers' Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, and the Transport Workers' Union of Australia opposed the application. The case was heard by the Full Bench of the Fair Work Commission.

The primary legal issue before the court was whether the enterprise agreement met the requirements for registration under the Fair Work Act. Specifically, the court had to consider whether the agreement was in the public interest and whether it complied with the procedural requirements set out in the Act. The court also had to assess whether the agreement provided for a fair and reasonable balance between the interests of the employees and the employer.

The court found that the agreement was in the public interest and that it complied with the procedural requirements of the Act. The court also found that the agreement provided for a fair and reasonable balance between the interests of the employees and the employer. The court noted that the agreement provided for a number of benefits for the employees, including a 2.75% increase in base rates of pay, improvements to shift patterns, and increased entitlements for certain types of leave. The court also found that the agreement provided for a number of benefits for the employer, including increased productivity and flexibility in the workforce.

The court approved the enterprise agreement, and the decision was registered with the Fair Work Commission. The decision provides guidance for other employers and unions in the construction industry and highlights the importance of reaching agreements that are in the public interest and that provide for a fair and reasonable balance between the interests of the employees and the employer.

Hanson Construction Materials Pty Ltd; Transport Workers' Union of Australia

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established