DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hurd Haulage Pty Ltd T/A Hy-Tec Concrete
(AG2018/6777)

HURD HAULAGE PTY LTD QUARRY OPERATIONS ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

Application for approval of the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2018 (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 T/A Hy-Tec Concrete. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 30 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hurd Haulage Pty Ltd trading as Hy-Tec Concrete, applied to the Fair Work Commission for the approval of the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for workers within the quarry operations sector. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement provided for terms and conditions that were no worse off financially (NWOF) for employees and whether it met the requirements for a modern award. The Commission also needed to ensure that the agreement complied with the good faith bargaining provisions of the Act. Additionally, the Commission considered whether the agreement facilitated meaningful workplace negotiations and provided adequate protections for employees.

In its decision, the Fair Work Commission examined the evidence and submissions from both the applicant and the relevant union. The Commission found that the agreement did indeed provide for terms and conditions that were no worse off financially for the employees, thus satisfying the NWOF test. The agreement also aligned with the provisions of a modern award and adhered to the good faith bargaining requirements. The Commission concluded that the agreement facilitated meaningful negotiations and provided sufficient protections for the employees, thereby meeting the statutory criteria for approval.

The Fair Work Commission approved the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2018, effective from the date of the decision. The approval ensures that the agreement will apply to the relevant employees, providing them with the terms and conditions set out in the agreement.

Hurd Haulage Pty Ltd T/A Hy-Tec Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established