DECISION

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

Hurd Haulage Pty Ltd T/A Hy-Tec Industries Pty Ltd
(AG2019/3645)

HURD HAULAGE PTY LTD NORTHERN NEW SOUTH WALES CONCRETE & TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 1 NOVEMBER 2019

Application for approval of the Hurd Haulage Pty Ltd Northern New South Wales Concrete & Transport Operations Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Hurd Haulage Pty Ltd T/A Hy-Tec Industries Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Hurd Haulage Pty Ltd Northern New South Wales Concrete & Transport Operations Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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 Transport Workers Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Hurd Haulage Pty Ltd trading as Hy-Tec Industries Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Northern New South Wales Concrete & Transport Operations Enterprise Agreement 2018. The application was brought pursuant to section 232 of the Fair Work Act 2009, seeking to have the agreement registered as a single-employer agreement. The dispute centred around the terms and conditions set forth in the proposed agreement, which was to govern the employment of workers within the concrete and transport operations sector in northern New South Wales.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for registration under the Fair Work Act, specifically whether the agreement provided for minimum terms and conditions, was not less favourable than the relevant award or safety net award, and whether it was made in good faith. Additionally, the Commission had to consider whether the agreement included appropriate dispute resolution provisions and whether the consultation process was adequate.

Upon reviewing the agreement, the Fair Work Commission determined that it satisfied the statutory requirements for registration. The agreement provided for minimum terms and conditions, did not offer terms that were less favourable than those provided by the relevant award, and was made in good faith. The Commission also found that the agreement contained appropriate dispute resolution provisions and that the consultation process was adequate. Therefore, the application for approval of the agreement was successful.

Consequently, the Fair Work Commission approved the registration of the Northern New South Wales Concrete & Transport Operations Enterprise Agreement 2018, effective from the date of the decision. The agreement will now serve as the governing document for the employment conditions of the workers within the specified sector in northern New South Wales.

Hurd Haulage Pty Ltd T/A Hy-Tec Industries 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