Hy-Tec Industries Pty Ltd
[2024] FWCA 4569
•19 DECEMBER 2024
| [2024] FWCA 4569 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hy-Tec Industries Pty Ltd
(AG2024/4353)
HY-TEC INDUSTRIES (NSW) PTY LTD ILLAWARRA ENTERPRISE AGREEMENT 2024
| Road transport industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 19 DECEMBER 2024 |
Application for approval of the Hy-Tec Industries (NSW) Pty Ltd Illawarra Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Hy-Tec Industries (NSW) Pty Ltd Illawarra Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hy-Tec Industries Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 17 December 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport & Distribution Award 2020 and the Premixed Concrete Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Transport Workers’ Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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