Hiway Aus Pty Ltd

[2025] FWCA 194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hiway Aus Pty Ltd

(AG2024/5241)

HIWAY AUS SOUTHERN ENTERPRISE AGREEMENT 2025

Asphalt industry
COMMISSIONER SLOAN	SYDNEY, 17 JANUARY 2025

Application for approval of the Hiway AUS Southern Enterprise Agreement 2025

Hiway AUS Pty Ltd has applied for approval of an enterprise agreement known as the Hiway AUS Southern 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 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hiway Aus Pty Ltd, sought approval of the Hiway AUS Southern Enterprise Agreement 2025. The respondent, Australian Manufacturing Workers’ Union, objected to the approval of the agreement on the basis that it did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory provisions governing enterprise agreements, including the need for the agreement to provide for a fair and efficient method of determining wages and other conditions of employment.

The primary legal issue before the Commission was whether the agreement provided for a fair and efficient method of determining wages and other conditions of employment. The Commission considered whether the agreement contained adequate provisions for the resolution of disputes and the protection of employees' rights. Additionally, the Commission examined whether the agreement included necessary safeguards to ensure that the terms and conditions of employment were fair and reasonable.

The Commission found that the agreement did not provide for a fair and efficient method of determining wages and other conditions of employment. The agreement lacked adequate provisions for the resolution of disputes and did not sufficiently protect employees' rights. The Commission noted that the absence of these provisions could lead to uncertainty and potential unfairness in the workplace. Consequently, the Commission rejected the application for approval of the agreement.

The Commission did not grant approval for the Hiway AUS Southern Enterprise Agreement 2025, emphasising the importance of including comprehensive dispute resolution and employee protection provisions in enterprise agreements. The decision underscores the necessity for agreements to adhere to statutory requirements to ensure fair and efficient outcomes for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established