Hanson Constructions Materials Pty Ltd

[2013] FWCA 7850

FAIR WORK COMMISSION

DECISION

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

Hanson Constructions Materials Pty Ltd
(AG2013/2894)

HANSON TECHNICAL SERVICES, EASTERN REGION TESTER'S ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 8 OCTOBER 2013

Application for approval of the Hanson Technical Services, Eastern Region Tester's Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Hanson Technical Services, Eastern Region Tester’s Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Hanson Constructions Materials Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union. The nature of the dispute was the application for the approval of the Hanson Technical Services, Eastern Region Tester's Enterprise Agreement 2013. The matter was heard by the Commission, under the Fair Work Act 2009, which governs employment standards and workplace relations in Australia.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the statutory requirements for approval. Specifically, the Commission had to determine if the agreement met the "better off overall test" (BOOT), ensuring that employees were no worse off financially than under their previous conditions. The Commission also had to assess whether the agreement contained appropriate dispute resolution provisions and complied with the procedural requirements for its making and approval.

In reaching its decision, the Commission carefully examined the terms and conditions of the proposed agreement. It concluded that the agreement satisfied the BOOT, as the majority of employees would be better off overall. The Commission also found that the dispute resolution provisions were appropriate and that the procedural requirements had been met. Consequently, the Commission approved the Hanson Technical Services, Eastern Region Tester's Enterprise Agreement 2013.

As a result of the Commission's approval, the enterprise agreement became legally binding between Hanson Constructions Materials Pty Ltd and the affected employees, governed by the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established