DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hix Group Pty Ltd
(AG2018/7188)

HIX GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 APRIL 2019

Application for approval of the Hix Group Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hix Group Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hix Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 15 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hix Group Pty Ltd recently sought approval for its Single Enterprise Agreement 2019 from the Fair Work Commission. The dispute arose as the company, represented by its management, and the unions representing the employees, could not reach an agreement on the terms and conditions of employment. The Fair Work Commission was tasked with assessing the application and determining whether the agreement was fair and reasonable.

The primary legal issues before the Commission included whether the agreement met the criteria set out in the Fair Work Act 2009 and if it provided adequate protections for the employees. This involved examining the terms of the agreement in light of the principles of modern awards, ensuring that the agreement did not disadvantage employees, and confirming that it was negotiated in good faith. Additionally, the Commission had to consider whether the agreement provided for a safety net of minimum terms and conditions and whether it was appropriately certified by an accredited bargaining representative.

The Commission concluded that the agreement did not meet the legislative standards for fairness and reasonableness. It found that certain provisions were overly restrictive and did not provide adequate protections for employees, thereby failing to meet the safety net provisions of the Act. The Commission also noted that the agreement did not adequately address issues of casual employment and did not provide sufficient protections for employees in relation to termination and redundancy. Consequently, the Commission rejected the application for approval of the agreement.

As a result of the Commission's decision, the Hix Group Pty Ltd Single Enterprise Agreement 2019 was not approved. The company and the unions must now revisit the agreement to address the identified shortcomings and resubmit it for consideration, ensuring that it aligns with the requirements of the Fair Work Act and provides fair and reasonable terms and conditions for employees.

Hix Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established