DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2015/4625)

HY-TEC INDUSTRIES NSW PTY LTD WALLERAWANG ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 AUGUST 2015

Application for approval of the Hy-Tec Industries (New South Wales) Pty Ltd Wallerawang Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (New South Wales) Pty Ltd Wallerawang 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 Agreement is approved and, in accordance with s.54, will operate from 4 September 2015. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Hy-Tec Industries (New South Wales) Pty Ltd applied for the approval of the Hy-Tec Industries (New South Wales) Pty Ltd Wallerawang Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The nature of the dispute was whether the agreement met the requirements of the Act, specifically whether it had been made in good faith and whether it was a "better off overall test" compliant agreement. The applicant argued that the agreement contained appropriate terms and conditions, while the objectors raised concerns about the provisions relating to penalty rates and shift allowances.

The legal issues before the Commission included whether the agreement was made in good faith and whether it met the "better off overall test" as required by the Fair Work Act 2009. The objectors argued that the agreement was not made in good faith and that it did not meet the "better off overall test" because it did not provide adequate protections for employees. The applicant, on the other hand, submitted that the agreement was made in good faith and that it met the "better off overall test" as it provided for a fair and reasonable outcome for both parties.

The Commission considered the evidence and submissions from both parties and found that the agreement was made in good faith and met the "better off overall test". The Commission noted that the agreement provided for a range of protections for employees, including provisions relating to penalty rates and shift allowances. The Commission also found that the agreement provided for a fair and reasonable outcome for both parties. The Commission approved the agreement, noting that it met the requirements of the Fair Work Act 2009.

The final orders of the Commission were that the Hy-Tec Industries (New South Wales) Pty Ltd Wallerawang Enterprise Agreement 2015 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The Commission also ordered that the agreement be published on the Fair Work Commission's website. The applicant was directed to provide a copy of the approved agreement to the Registrar of the Fair Work Commission within 28 days of the decision.

Hy-Tec Industries Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established