DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2017/2857)

HY-TEC INDUSTRIES NSW PTY LTD DAPTO ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 SEPTEMBER 2017

Application for approval of the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2017 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 September 2017 and, in accordance with s.54, will operate from 5 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Hy-Tec Industries Pty Ltd, an employer, applied to the Fair Work Commission for approval of the NSW Enterprise Agreement 2017. The agreement was between Hy-Tec Industries Pty Ltd and the Australian Manufacturing Workers' Union, representing the employees. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the issues were whether the agreement had been made in good faith, whether it provided for a genuine safety net for employees, and if it included appropriate provisions for the resolution of workplace disputes.

The Fair Work Commission found that the agreement had been made in good faith, as evidenced by the negotiations between the parties and the consideration of the employees' needs. The commission also determined that the agreement provided for a genuine safety net, as it included minimum wages, penalty rates, and leave entitlements that met or exceeded the provisions of the relevant awards. Furthermore, the agreement contained appropriate mechanisms for resolving workplace disputes, including a formal dispute resolution process. Consequently, the commission approved the agreement.

The Fair Work Commission approved the Hy-Tec Industries Pty Ltd Dapto Enterprise Agreement 2017. The approval was effective from the date of the decision, and the agreement was registered with the Fair Work Commission. This decision provided clarity on the requirements for enterprise agreements and set a precedent for future agreements in similar circumstances.

Hy-Tec Industries Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established