DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries NSW Pty Ltd
(AG2016/7863)

HY-TEC INDUSTRIES (NSW) PTY LTD CEMENT TANKER DRIVERS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the Hy-Tec Industries (NSW) Pty Ltd Cement Tanker Drivers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (NSW) Pty Ltd Cement Tanker Drivers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hy-Tec Industries NSW Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hy-Tec Industries (NSW) Pty Ltd applied for the approval of an enterprise agreement concerning cement tanker drivers. The Fair Work Commission heard the application and issued a decision. The respondents to the application were the drivers themselves and the Transport Workers Union. The dispute involved whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether the application should be approved.

The primary legal issue was whether the enterprise agreement was "bargained for" as required by section 230 of the Fair Work Act. Additionally, the court considered whether the agreement met the "better off overall test" under section 235 of the Act. This test ensures that employees are not worse off financially compared to their previous conditions. The court also needed to determine whether the agreement was made in good faith and followed the necessary procedures.

The Fair Work Commission determined that the agreement was appropriately bargained for and met the requirements of the Act. The commission found that the agreement passed the better off overall test, providing drivers with improved conditions and benefits. It was also established that the agreement was made in good faith and followed the correct procedures. Therefore, the application for approval was granted.

The Fair Work Commission approved the Hy-Tec Industries (NSW) Pty Ltd Cement Tanker Drivers Enterprise Agreement 2016. This decision allowed the agreement to take effect, providing drivers with enhanced terms and conditions. The court's decision provided clarity and certainty for the parties involved, ensuring compliance with the Fair Work Act.

Hy-Tec Industries NSW 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