DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2015/6686)

HY-TEC INDUSTRIES NSW PTY LTD DAPTO ENTERPRISE AGREEMENT 2015

Road transport industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 23 NOVEMBER 2015

Approval of the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union (TWU), 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) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 30 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hy-Tec Industries NSW Pty Ltd sought approval of an enterprise agreement. The dispute involved the terms and conditions of employment for the company's employees, as stipulated in the proposed agreement. The commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009, including the obligation to provide for fair and reasonable terms and conditions of employment.

The primary legal issues before the commission were whether the agreement met the criteria for approval under the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions of employment, and if it was made in accordance with the procedural requirements of the Act. The company argued that the agreement was fair and reasonable and had been negotiated in good faith, while the union representing the employees contended that certain provisions were unfair and that the negotiation process was flawed.

The commission examined the provisions of the agreement and the evidence provided by both parties. It considered whether the terms and conditions were fair and reasonable in light of the applicable minimum standards and the economic context. The commission also assessed the evidence regarding the negotiation process to determine if it was conducted in good faith and in accordance with the statutory requirements. Ultimately, the commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it was made in compliance with the procedural requirements of the Act.

Accordingly, the commission approved the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2015, determining that it met the necessary criteria for approval under the Fair Work Act.

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