Darebin City Council

[2014] FWCA 383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries NSW Pty Ltd
(AG2013/12899)

HY-TEC INDUSTRIES NSW PTY LTD DAPTO ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 15 JANUARY 2014

Application for approval of the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hy-Tec Industries NSW Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2014. The nominal expiry date will be 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by Hy-Tec Industries NSW Pty Ltd for the approval of its Dapto Enterprise Agreement 2012. The applicant sought to have the agreement, which was registered with the Australian Industrial Relations Commission on 19 July 2012, recognised as a registered agreement under the Fair Work Act 2009. The respondent, Darebin City Council, raised concerns about the agreement, arguing that it did not comply with certain statutory requirements. The FWC was tasked with determining whether the agreement met the legal criteria for registration.

The primary legal issues before the FWC were whether the agreement complied with the statutory requirements for registration, including the provisions of sections 233 and 234 of the Fair Work Act. The respondent contended that the agreement was invalid due to a failure to include essential information regarding the bargaining process and the terms of the agreement. The FWC needed to assess the completeness and accuracy of the information provided and determine if the agreement was in accordance with the prescribed legal standards.

In its decision, the FWC examined the provisions of the Fair Work Act and the details of the Dapto Enterprise Agreement 2012. The Commission found that while there were some minor deficiencies in the documentation, these did not prevent the agreement from being approved. The FWC held that the agreement substantially complied with the requirements of the Act and that the minor issues did not undermine the overall validity of the agreement. Consequently, the FWC approved the registration of the agreement, finding that it met the necessary criteria under the Fair Work Act.

The FWC's final orders included the approval of the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2012 as a registered agreement under the Fair Work Act. The FWC directed that the agreement be registered and that the applicant take any necessary steps to ensure that the agreement was properly implemented and complied with the statutory requirements. The respondent's objections were dismissed, and the agreement was recognised as a valid and binding instrument.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established