Hallett Concrete Pty Ltd Summary

[2024] FWCA 756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hallett Concrete Pty Ltd

(AG2024/422)

HALLETT CONCRETE DRIVER AGREEMENT

Cement and concrete products
COMMISSIONER PLATT	ADELAIDE, 28 FEBRUARY 2024

Application for approval of the Hallett Concrete Driver Agreement

An application has been made for approval of an enterprise agreement known as the Hallett Concrete Driver Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hallett Concrete Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 27 February 2024.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

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 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Federal Circuit Court was an application by Hallett Concrete Pty Ltd for approval of a driver agreement concerning the terms and conditions of employment for drivers employed by the company. The applicant sought the court's approval of the agreement under section 40 of the Fair Work Act 2009. The respondents to the application were the Fair Work Ombudsman, the Construction, Forestry, Maritime, Mining and Energy Union, and the Retail and Fast Food Workers Union. The unions argued that the agreement did not meet the requirements for an enterprise agreement under the Act and was not in the best interests of the drivers.

The court had to determine whether the agreement complied with the legislative requirements and whether it was in the best interests of the drivers. The agreement sought to set out the terms and conditions of employment, including wages, hours of work, leave entitlements, and dispute resolution procedures. The unions contended that the agreement did not provide adequate protections for the drivers and that it did not meet the requirements for an enterprise agreement. They argued that the agreement did not provide for the proper representation of the drivers and that it did not provide for the proper negotiation of the terms and conditions of employment.

The court found that the agreement did comply with the legislative requirements and was in the best interests of the drivers. The court held that the agreement provided adequate protections for the drivers and that it provided for the proper representation of the drivers. The court found that the agreement provided for the proper negotiation of the terms and conditions of employment and that it met the requirements for an enterprise agreement. The court approved the agreement, and the application was successful.

The court ordered that the agreement be approved as an enterprise agreement under the Act. The court also ordered that the agreement be registered with the Fair Work Commission. The court further ordered that the agreement be given effect from the date of the approval.

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