Hallett Concrete Pty Ltd

[2018] FWCA 1149

[2018] FWCA 1149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hallett Concrete Pty Ltd
(AG2017/4522)

HALLETT CONCRETE COLLECTIVE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2018

Application for approval of the Hallett Concrete Collective Agreement 2016.

[1] An application has been made for approval of an Enterprise Agreement known as the Hallett Concrete Collective Agreement 2016 (“the Agreement”). It is made under s.185 of the Fair Work Act 2009 (Cth)(“the Act”) by Hallett Concrete Pty Ltd (“Hallett”). The Agreement is a single enterprise agreement.

[2] After reviewing the F16 application, the F17 Employer’s Statutory Declaration, together with the terms and conditions contained in the proposed Agreement, the Commission sought clarification about various matters concerning compliance with the statutory requirements involved in making the Agreement, as well as issues concerning the National Employment Standards and satisfaction with the requirements of the “better off overall test.”

[3] The Applicant has now provided a revised F17 Employer’s Statutory Declaration. It has also provided various additional undertakings. I am satisfied that these undertakings will not result in financial detriment to any employee to be covered by the Agreement, or make substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement in accordance with s.191 of the Act. The undertakings, set out in a letter dated 17 November 2017, are attached to this decision.

[4] It is also noted that the consultation term in clause 8 of the Agreement does not comply with the existing statutory requirements in that it does not make specific reference to “a change to their regular roster or ordinary hours of work.” Therefore, in accordance with s.205(2) of the Act, the model consultation term in the Fair Work Regulations 2009 (Cth) is instead taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia SA/NT Branch, 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 accordingly note that the Agreement covers the organisation.

[6] Subject to the undertakings referred to above I am otherwise satisfied that each of the requirements in ss.186, 187, 188 and 190, 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 1 March 2017. The nominal expiry date of the Agreement is 6 December 2019.

COMMISSIONER

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