Hix Group Pty Ltd Summary

[2024] FWCA 3226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hix Group Pty Ltd

(AG2024/3112)

HIX GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 SEPTEMBER 2024

Application for approval of the Hix Group Pty Ltd Single Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Hix Group Pty Ltd Single Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hix Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 9 September 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020, Plumbing and Fire Sprinklers Award 2020, Building and Construction General On-site Award 2020, and Miscellaneous Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model flexibility clause

Pursuant to s.201(1) and 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.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2024. The nominal expiry date of the Agreement is 11 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hix Group Pty Ltd applied to the Fair Work Commission for approval of the Hix Group Pty Ltd Single Enterprise Agreement 2024, which would cover employees in the retail sector. The application was contested by the Australian Services Union, which argued that the agreement did not adequately address certain issues, including the classification of employees, the calculation of overtime rates, and the process for resolving disputes.

The central legal issues were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of employees. The Commission needed to determine if the agreement contained the necessary provisions to ensure that it was a simple, fair, and portable agreement and if it complied with the terms of the relevant awards.

The Commission found that the agreement met the legislative requirements for approval. It was satisfied that the agreement contained all the mandated provisions and that it was simple, fair, and portable. The Commission also found that the agreement provided for the fair and equitable treatment of employees. The Commission was satisfied that the classification of employees, the calculation of overtime rates, and the process for resolving disputes were adequately addressed in the agreement. The application for approval was therefore granted.

Hix Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established