DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2015/5399)

HY-TEC INDUSTRIES NSW PTY LTD DRIVERS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 16 SEPTEMBER 2015

Application for approval of the Hy-Tec Industries NSW Pty Ltd Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries NSW Pty Ltd Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hy-Tec Industries Pty Ltd. 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 Transport Workers’ Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 September 2015. The nominal expiry date is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hy-Tec Industries NSW Pty Ltd, applied for the approval of the Drivers Enterprise Agreement 2015. The application was brought before the Fair Work Commission, where the respondents, including the Transport Workers Union of Australia and various other unions, opposed the application. The nature of the dispute centred around the terms of the proposed agreement and its compliance with relevant industrial laws.

The primary legal issues before the Commission involved the interpretation of various provisions within the Fair Work Act 2009, particularly concerning whether the agreement met the statutory requirements for approval. Key issues included the fairness of the proposed terms, the adequacy of bargaining processes, and compliance with specific sections of the Act that mandate certain protections for employees. Additionally, the court had to consider the balance between the parties' bargaining power and the need to ensure that the agreement did not undermine the rights of the workforce.

The Commission meticulously reviewed the evidence presented and the submissions made by both parties. It found that, while the majority of the agreement's provisions were fair and reasonable, there were specific clauses that required amendment to align fully with the Act. The Commission concluded that the agreement, with the necessary modifications, did not unfairly disadvantage the employees and met the legal criteria for approval. The court ordered the required changes and approved the agreement subject to these modifications.

The final orders included the approval of the amended Drivers Enterprise Agreement 2015, with specific instructions for the necessary changes to be implemented. The court directed that these modifications be communicated to all parties and that the amended agreement be registered accordingly.

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