Hallett Concrete Pty Ltd Summary

[2013] FWCA 10237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hallett Concrete Pty Ltd
(AG2013/12748)

HALLETT CONCRETE COLLECTIVE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 31 DECEMBER 2013

Application for approval of the Hallett Concrete Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hallett Concrete Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hallett Concrete Pty Ltd. 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 as is relevant to this application for approval has been met.

[3] 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2014. The nominal expiry date will be 2 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hallett Concrete Pty Ltd sought approval of the Hallett Concrete Collective Agreement 2013. The applicants argued that the agreement was necessary to ensure the continued viability of their business. The respondents, including various unions and employee representatives, opposed the approval, citing concerns about the agreement's provisions on wages and conditions.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009 and if the provisions were fair and reasonable for all parties involved. Specifically, the Commission needed to determine if the agreement contained minimum terms and conditions that complied with the Fair Work Act and if it was appropriately negotiated. The Commission also had to consider if the agreement provided for fair and reasonable outcomes for employees, considering the overall economic context and the financial viability of the business.

The Commission examined the negotiating process, the content of the agreement, and the submissions from both parties. It found that the agreement was appropriately negotiated and contained minimum terms and conditions that were fair and reasonable. The Commission concluded that the agreement was necessary to maintain the financial viability of the business and provided fair and reasonable outcomes for employees. Therefore, the Commission approved the Hallett Concrete Collective Agreement 2013.

Hallett Concrete Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established