Hallett Concrete Pty Ltd

[2021] FWCA 3173

[2021] FWCA 3173

FAIR WORK COMMISSION

DECISION

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

Hallett Concrete Pty Ltd
(AG2021/5159)

HALLETT CONCRETE COLLECTIVE AGREEMENT 2021

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 2 JUNE 2021

Application for approval of the Hallett Concrete Collective Agreement 2021.

[1] Hallett Concrete Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Hallett Concrete Collective Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On 19 May 2021, my Chambers contacted the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

[3] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 14 May 2021.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 December 2023.

COMMISSIONER

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