Application for approval of the All Crops Haulage Pty Ltd Enterprise Agreement 2024

[1] All Crops Haulage Pty Ltd (the Employer/All Crops) has applied for approval of an enterprise agreement known as the All Crops Haulage Pty Ltd Enterprise Agreement 2024 (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.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Documents lodged with the agreement approval application indicated that the Agreement covers both All Crops and a further employer, HPM Group Pty Ltd (HPM). This is despite the Agreement listing All Crops as the sole employer covered by the Agreement. The Employer has confirmed that the correct employer is All Crops. Six All Crops employees are to be covered by the Agreement. A further two employees are employed by HPM and are labour hired to All Crops. I note that this Agreement will not cover HPM and its employees labour hired to All Crops.

[6]

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2025. The nominal expiry date of the Agreement is 1 July 2029.

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