DECISION

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

Hy-Tec Industries Pty Ltd
(AG2015/6619)

HY-TEC INDUSTRIES (NSW) PTY LTD PLANT OPERATOR ENTERPRISE AGREEMENT 2015

Cement and concrete products
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 NOVEMBER 2015

Application for approval of the Hy-Tec Industries (NSW) Pty Ltd Plant Operator Enterprise Agreement 2015.

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 27 November 2015. The nominal expiry date of the Agreement is 31 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hy-Tec Industries Pty Ltd applied for approval of the Hy-Tec Industries (NSW) Pty Ltd Plant Operator Enterprise Agreement 2015. The application was made under section 233 of the Fair Work Act 2009, as the parties were unable to reach an agreement regarding certain provisions of the proposed agreement. The nature of the dispute involved disagreements over the terms and conditions of employment, particularly relating to wage rates, classification, and the inclusion of certain clauses that the employer believed were necessary to maintain operational efficiency, while the employees argued that these terms adversely affected their rights and entitlements.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act and whether it met the criteria for being a "better off overall or in the round" agreement. This required the Commission to examine whether the proposed agreement provided employees with a fair and reasonable outcome in comparison to the applicable award or registered agreement, and whether it adhered to the principles of good faith bargaining and industrial fairness.

After reviewing the submissions from both parties and considering the evidence presented, the Commission determined that the proposed agreement did not fully meet the "better off overall or in the round" test. While the agreement contained some provisions that were beneficial to the employees, such as increased wages and certain allowances, other clauses introduced by the employer were deemed to impose excessive restrictions on employee rights and potentially compromise workplace safety. Consequently, the Commission did not approve the agreement as it did not strike the appropriate balance required by law.

In light of the decision, the Commission did not grant approval of the agreement. Instead, it directed the parties to further negotiate in good faith to address the concerns raised, with the aim of reaching an agreement that would be more favourably balanced and compliant with the statutory requirements.

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