DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aus-10 Rhyolite Pty Ltd T/A Hy-Tec Industries NSW
(AG2019/2056)

AUS-10 RHYOLITE PTY LTD PLANT QUARRY WORKERS & TRADESPERSON ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

Application for approval of the Aus-10 Rhyolite Pty Ltd Plant Quarry Workers & Tradesperson Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aus-10 Rhyolite Pty Ltd Plant Quarry Workers & Tradesperson 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 Aus-10 Rhyolite Pty Ltd T/A Hy-Tec Industries NSW. The Agreement is a single enterprise agreement.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 1 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Aus-10 Rhyolite Pty Ltd, trading as Hy-Tec Industries NSW, which sought approval of the Enterprise Agreement from the Fair Work Commission. The agreement was intended to govern the employment conditions of workers and tradespersons at the company's plant quarry. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including provisions for genuine agreement, the absence of compelled bargaining, and the promotion of workplace harmony and productivity. The company argued that the agreement was fairly negotiated and would benefit both employees and the business by ensuring a stable and productive workforce.

The key legal issues the Commission had to address were whether the agreement was genuinely negotiated, whether there was any element of compelled bargaining, and whether it promoted the principles of enterprise bargaining as outlined in the Fair Work Act. The Commission also had to ensure that the agreement did not adversely affect employees' rights and protections. The applicant needed to demonstrate that the agreement was not only procedurally sound but also substantively fair and beneficial to the workforce.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated, as there was clear evidence of meaningful discussions and a willingness to reach a fair and equitable arrangement. The Commission also determined that there was no compelled bargaining and that the agreement would indeed promote workplace harmony and productivity. Consequently, the Commission approved the Enterprise Agreement, recognising its benefits to both the employees and the company.

The Fair Work Commission approved the Aus-10 Rhyolite Pty Ltd Plant Quarry Workers & Tradesperson Enterprise Agreement 2018, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding, providing a framework for the employment conditions at the company's plant quarry.

Aus-10 Rhyolite Pty Ltd T/A Hy-Tec Industries NSW

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established