DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2017/6164)

HY-TEC INDUSTRIES (NSW) PTY LTD CENTRAL DESPATCH ENTERPRISE AGREEMENT 2016

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2018

Application for approval of the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (NSW) Pty Ltd Central Despatch 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 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 29 March 2018. The nominal expiry date of the Agreement is 19 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Hy-Tec Industries (NSW) Pty Ltd applied for the approval of the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2016. The applicant sought to have the agreement, which had been negotiated between the employer and the union representing the employees, recognised as a registered agreement under the Fair Work Act 2009. The dispute involved several aspects of the agreement, including the proposed changes to employee wages, conditions of employment, and other employment-related matters.

The legal issues before the commission included whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the bargaining process, the content of the agreement, and whether the agreement was in the best interests of the employees. The commission had to consider whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the commission needed to ensure that the agreement did not contravene any provisions of the Fair Work Act.

The commission determined that the agreement was genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment. The commission found that the bargaining process was conducted in good faith and that the agreement contained provisions that were beneficial to both the employer and the employees. The commission concluded that the agreement was in the best interests of the employees and did not contravene any provisions of the Fair Work Act. Accordingly, the commission approved the agreement as a registered agreement.

The Fair Work Commission approved the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2016 as a registered agreement under the Fair Work Act 2009. The approval was based on the commission's finding that the agreement was genuinely negotiated, provided for fair and reasonable terms and conditions of employment, and was in the best interests of the employees. The agreement was registered, and the employer was required to give effect to the terms and conditions of the agreement.

Hy-Tec Industries 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