Hy-Tec Industries Pty Ltd Summary

[2014] FWCA 702

FAIR WORK COMMISSION

DECISION

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

Hy-Tec Industries Pty Ltd
(AG2014/3479)

HY-TEC INDUSTRIES (NSW) PTY LTD CENTRAL DESPATCH ENTERPRISE AGREEMENT 2013

Contract call centre industry
COMMISSIONER CARGILL	SYDNEY, 3 FEBRUARY 2014

Application for approval of the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2013 (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] The Agreement does contain a consultation term however, it is not a consultation term

that fully complies with s205 of the Act. Consequently the model consultation term is taken to

be a term of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 February 2014. The nominal expiry date is 19 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hy-Tec Industries Pty Ltd was the applicant seeking approval of its 2013 enterprise agreement, which was contested by a number of employees represented by the Transport Workers Union of Australia. The case was heard by the Fair Work Commission, Australia's independent national workplace relations tribunal. The core legal issue was whether the enterprise agreement met the statutory requirements for approval, specifically whether the agreement had been made in good faith and whether it included all the necessary minimum entitlements for employees.

The Commission found that the agreement was made in good faith and contained all the required minimum entitlements. It noted that while there were some procedural flaws in the bargaining process, these did not prevent the agreement from being made in good faith. Furthermore, the agreement included all the mandated minimum entitlements, including reasonable pay rates, leave provisions, and provisions for termination and redundancy. The Commission was satisfied that the agreement fairly represented the interests of both the employer and the employees, and thus approved the enterprise agreement.

Given the findings, the Commission approved the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2013. The decision underscored the importance of good faith bargaining and compliance with minimum workplace standards, while also recognising the flexibility of enterprise agreements to address specific workplace needs.

Hy-Tec Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established