DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Construction Materials T/A Hanson
(AG2016/7142)

HANSON CONSTRUCTION MATERIALS PTY LTD EASTERN REGION - KULNURA TRANSPORT WORKSHOP ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2017

Application for approval of the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop 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 - Kulnura Transport Workshop Enterprise Agreement 2015 (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.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2017. The nominal expiry date of the Agreement is 10 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Hanson Construction Materials Pty Ltd, sought approval of the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The issues included whether the agreement provided for the safety, health, and welfare of employees, if it provided for fair remuneration and conditions of employment, and if it facilitated a productive workplace relationship.

The Commission examined the provisions of the proposed agreement to determine if they complied with the legal requirements. It assessed whether the agreement contained necessary protections and provisions for employee safety, health, and welfare, and if it provided fair remuneration and conditions. Additionally, it considered if the agreement facilitated a productive workplace relationship by allowing for effective communication and resolution of workplace issues. The Commission found that the agreement adequately addressed these concerns, and thus, was in compliance with the relevant legislative requirements. Consequently, the application for approval was successful.

The Fair Work Commission approved the Hanson Construction Materials Pty Ltd Eastern Region - Kulnura Transport Workshop Enterprise Agreement 2015, determining that it met the necessary criteria for safety, health, welfare, remuneration, and workplace relations. The Commission's decision was based on a comprehensive review of the agreement's provisions, which were found to align with the Fair Work Act 2009. This approval ensures that the enterprise agreement will govern the employment conditions for the specified region and transport workshop, providing a legal framework for the workplace relationship.

Hanson Construction Materials T/A Hanson

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established