Hanson Constructions Materials Pty Ltd

[2013] FWCA 2071

FAIR WORK COMMISSION

DECISION

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

Hanson Constructions Materials Pty Ltd
(AG2013/5791)

HANSON CONSTRUCTION MATERIALS PTY LTD - EASTERN REGION KULNURA TRANSPORT WORKSHOP ENTERPRISE AGREEMENT 2012

Vehicle industry
COMMISSIONER CARGILL	SYDNEY, 9 APRIL 2013

Application for approval of the Hanson Construction Materials Pty Ltd - Eastern Region Kulnura Transport Workshop Enterprise Agreement 2012.

[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 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hanson Construction Materials Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to clause 14.4, Definition of immediate family, in that de facto partners and relevant relations thereto, will be included as required under the Act. The company has also clarified the payment entitlements for employees in relation to public holidays as provided in clause 14.14.

[3] I am satisfied the undertaking meets my concern. In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 April 2013. The nominal expiry date is 10 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hanson Constructions Materials Pty Ltd applied for approval of their Enterprise Agreement 2012, which was to cover workers at their Eastern Region Kulnura Transport Workshop. The Australian Building and Construction Commission was responsible for overseeing the application process. The primary legal issue for the Commission was to determine whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum terms and conditions of employment, and whether it was free from any illegality, coercion, or undue influence.

The Commission considered the procedural fairness of the agreement and whether it had been genuinely negotiated between the employer and the employees. The Commission also examined whether the agreement contained provisions that were necessary to ensure the employees' protection and to promote their interests. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement did meet the statutory criteria for approval. The Commission found that the agreement provided for the minimum terms and conditions as required by law and was not illegal or the result of coercion or undue influence.

As a result, the Commission approved the Hanson Construction Materials Pty Ltd - Eastern Region Kulnura Transport Workshop Enterprise Agreement 2012. This decision was based on the evidence presented, which demonstrated that the agreement was fairly negotiated and met the necessary criteria for approval. The Commission's decision was made in accordance with the requirements of the Fair Work Act 2009, ensuring that the agreement was in the best interests of the employees it covered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established