Hurd Haulage Pty Ltd T/A Hy-Tec Concrete Summary

[2025] FWCA 45

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hurd Haulage Pty Ltd T/A Hy-Tec Concrete

(AG2024/5002)

HURD HAULAGE PTY LTD QUARRY OPERATIONS ENTERPRISE AGREEMENT 2024

Quarrying industry
COMMISSIONER SLOAN	SYDNEY, 7 JANUARY 2025

Application for approval of the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2024

Hurd Haulage Pty Ltd has made an application for approval of an enterprise agreement known as the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 14 January 2025. The nominal expiry date of the Agreement is 30 August 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Hurd Haulage Pty Ltd T/A Hy-Tec Concrete applied for the approval of the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2024. The applicant is an employer within the Quarry Operations industry, and the agreement concerns the terms and conditions of employment for its employees. The dispute primarily revolves around whether the proposed agreement meets the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining whether the agreement appropriately addresses the minimum terms and conditions prescribed by the Act, including issues such as pay rates, penalty rates, and other entitlements. Additionally, the court had to assess whether the agreement was made in good faith and whether it contained provisions that were fair and reasonable for both the employees and the employer. The applicant argued that the agreement was negotiated fairly and met all legislative requirements, while no objections were raised by any party.

After examining the proposed agreement and considering the arguments presented, the Commission found that the agreement complied with the statutory requirements and was made in good faith. The court determined that the agreement was fair and reasonable, covering all necessary terms and conditions. Consequently, the application for approval was successful, and the agreement was approved as a registered agreement under the Fair Work Act.

The final orders of the Commission were that the Hurd Haulage Pty Ltd Quarry Operations Enterprise Agreement 2024 be approved as a registered agreement. This decision provides certainty to both the employer and the employees, ensuring that the terms of employment are legally sound and adequately protect the interests of all parties involved.

Hurd Haulage Pty Ltd T/A Hy-Tec Concrete

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established