DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hurd Haulage Pty Ltd T/A Hy-Tec Concrete
(AG2015/5416)

HURD HAULAGE PTY LTD QUARRY OPERATIONS ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 SEPTEMBER 2015

Application for approval of the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Agreement is approved and will operate from 18 September 2015. The nominal expiry date of the Agreement is 30 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hurd Haulage Pty Ltd, trading as Hy-Tec Concrete, applied for approval of their 2015 Quarry Operations Enterprise Agreement. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The legal issues before the Commission involved assessing whether the agreement was a "better off overall test" (BOOT) agreement, whether the agreement contained the mandatory minimum terms and conditions, and whether the agreement had been genuinely negotiated and concluded in good faith. The Commission considered submissions from both Hurd Haulage and the union representing the employees, as well as the broader implications for the industry and workforce.

The Fair Work Commission examined the BOOT, considering the overall financial and non-financial benefits to employees compared to the applicable award or registered agreement. The Commission noted that the proposed agreement included wage increases, improved working conditions, and additional benefits that would make employees better off overall. Regarding the mandatory minimum terms and conditions, the Commission confirmed that the agreement contained all the required provisions under the Fair Work Act. Finally, the Commission assessed whether the agreement was genuinely negotiated and concluded in good faith, finding that both parties had engaged in meaningful discussions and reached the agreement without coercion.

Consequently, the Fair Work Commission approved the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2015, finding it met all statutory requirements. The Commission's decision was based on the comprehensive benefits to employees, the inclusion of mandatory minimum terms, and the genuine negotiation process. The agreement was thus endorsed as a fair and balanced enterprise agreement for the employees of Hurd Haulage Pty Ltd.

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