Hiway Aus Pty Ltd

[2025] FWCA 193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hiway Aus Pty Ltd

(AG2024/5228)

HIWAY AUS NORTHERN ENTERPRISE AGREEMENT 2025

Asphalt industry
COMMISSIONER SLOAN	SYDNEY, 17 JANUARY 2025

Application for approval of the Hiway AUS Northern Enterprise Agreement 2025

Hiway AUS Pty Ltd has applied for approval of an enterprise agreement known as the Hiway AUS Northern Enterprise Agreement 2025 (“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 24 January 2025. The nominal expiry date of the Agreement is 17 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Hiway Aus Pty Ltd applied for the approval of the Hiway AUS Northern Enterprise Agreement 2025. The agreement, which was proposed by the employer, aimed to govern the terms and conditions of employment for a specified group of employees. The applicant sought to have the agreement approved under the Fair Work Act 2009, ensuring it met the necessary criteria for better industrial relations and compliance with employment standards.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the fair and equitable treatment of employees, covered the essential terms of employment, and met the procedural requirements for approval. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and if it allowed for the proper representation of employees' interests.

The Commission carefully reviewed the proposed agreement, examining its provisions against the statutory requirements outlined in the Fair Work Act. The Commission found that the agreement contained comprehensive terms and conditions of employment that were fair and reasonable, taking into account the specific needs and circumstances of the employees involved. The procedural requirements for approval were also met, as the agreement had been developed through genuine bargaining between the employer and the employees' representatives. The Commission concluded that the agreement provided for the fair and equitable treatment of employees and was in compliance with the relevant provisions of the Act.

In light of its findings, the Fair Work Commission approved the Hiway AUS Northern Enterprise Agreement 2025, deeming it to be a lawful and appropriate agreement for the specified group of employees. The approval ensures that the agreement will govern the terms and conditions of employment for the employees covered by the agreement, promoting harmonious industrial relations and compliance with employment standards.

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