DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hurd Haulage Pty Ltd
(AG2021/6590)

HURD HAULAGE PTY LTD QUARRY OPERATIONS ENTERPRISE AGREEMENT 2021

Quarrying industry
DEPUTY PRESIDENT DEAN	CANBERRA, 17 AUGUST 2021

Application for approval of the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hurd Haulage Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2021. The nominal expiry date of the Agreement is 30 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hurd Haulage Pty Ltd applied to the Fair Work Commission for approval of the 2021 Quarry Operations Enterprise Agreement. The applicant sought to have the agreement registered under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement complied with the requirements of the Act, including that it was fairly negotiated and met the coverage and good faith bargaining criteria.

The Commission examined whether the agreement was negotiated in good faith, whether it was made in writing, and whether it covered a group of employees who were protected industrial instruments. Additionally, the Commission considered whether the agreement provided for the appropriate level of employee representation and if it included necessary terms and conditions of employment. The Commission assessed the negotiation process and the content of the agreement against statutory provisions and relevant case law.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fairly negotiated and met all the statutory requirements. The agreement provided for adequate employee representation and contained all necessary terms and conditions of employment. Consequently, the Commission approved the agreement and registered it under the Fair Work Act 2009. The decision was made in accordance with the statutory provisions and relevant case law, ensuring that the agreement was valid and enforceable.

Hurd Haulage Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established