Hanson Precast Pty Ltd

[2013] FWCA 8297

FAIR WORK COMMISSION

DECISION

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

Hanson Precast Pty Ltd
(AG2013/10598)

HANSON PRECAST PTY LTD (MULGRAVE & RIVERSTONE) ENTERPRISE AGREEMENT 2013-2016

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 23 OCTOBER 2013

Application for approval of the Hanson Precast Pty Ltd (Mulgrave & Riverstone) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Hanson Precast Pty Ltd (Mulgrave & Riverstone) Enterprise Agreement 2013-2016 (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 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 29 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Hanson Precast Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission, which was to govern the employment of their workers at two locations, Mulgrave and Riverstone. The respondents, various unions and individual workers, challenged the application, arguing that the agreement did not meet the standards set by the Fair Work Act 2009. The case was heard by the Full Bench of the Fair Work Commission, which was tasked with determining the validity of the enterprise agreement.

The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act, particularly regarding the process by which it was made and its provisions. The court had to assess whether the agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions of employment. Additionally, the court examined whether the agreement adequately protected the rights and interests of the employees.

The Full Bench of the Fair Work Commission found that the enterprise agreement did not meet the necessary standards for approval. The Commission determined that the agreement had not been genuinely negotiated as required by the Act, and several of its provisions did not comply with the minimum terms and conditions mandated by law. Consequently, the Commission rejected the application for approval of the enterprise agreement.

The Fair Work Commission ordered that the application for approval of the Hanson Precast Pty Ltd (Mulgrave & Riverstone) Enterprise Agreement 2013-2016 be dismissed. The agreement was not to be approved, and the existing enterprise agreements remained in effect for the employees covered by this dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established