DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hanson Precast Pty Ltd
(AG2016/8087)

HANSON PRECAST PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2017

Application for approval of the Hanson Precast Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hanson Precast Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hanson Precast 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] The Australian Workers Union 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.

[5] The Agreement was approved on 13 January 2017 and, in accordance with s.54, will operate from 20 January 2017. The nominal expiry date of the Agreement is 29 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hanson Precast Pty Ltd is the applicant before the Fair Work Commission, seeking approval of the Hanson Precast Pty Ltd Enterprise Agreement 2016-2019. The applicant and the respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, have entered into an enterprise agreement that they wish to have registered. The legal issues before the Commission were whether the agreement was a "single enterprise agreement" and if it complied with the relevant statutory provisions.

The Commission found that the agreement was indeed a single enterprise agreement, as it covered all employees of the applicant and complied with the requirements of the Fair Work Act 2009. The agreement was found to meet the criteria of covering a single enterprise, as it was limited to employees of the applicant and did not extend to any other employer or group of employers. The Commission also found that the agreement contained all the necessary provisions required by the Fair Work Act 2009 and was not contrary to public policy.

The Commission approved the Hanson Precast Pty Ltd Enterprise Agreement 2016-2019, registering it as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on all employees covered by it and will regulate the terms and conditions of employment for those employees for the duration of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any provisions that were contrary to public policy or that would undermine the operation of the Fair Work Act 2009.

Hanson Precast Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established