Hy-Tec Industries Pty Ltd
[2024] FWCA 70
•8 JANUARY 2024
| [2024] FWCA 70 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Hy-Tec Industries Pty Ltd
(AG2023/5144)
HY-TEC INDUSTRIES (NSW) PTY LTD AND AUS-10 RHYOLITE PTY LTD TANKER AND TIPPER DRIVERS ENTERPRISE AGREEMENT 2023
| Cement and concrete products | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 8 JANUARY 2024 |
Application for approval of Hy-Tec Industries (NSW) Pty Ltd and Aus-10 Rhyolite Pty Ltd Tanker and Tipper Drivers Enterprise Agreement 2023
Introduction
Hy-Tec Industries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hy-Tec Industries (NSW) Pty Ltd and Aus-10 Rhyolite Pty Ltd Tanker and Tipper Drivers Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement which covers Hy-Tec Industries Pty Ltd and Aus-10 Rhyolite Pty Ltd and their employees as described in clause 1.1 of the Agreement. Hy-Tec Industries Pty Ltd and Aus-10 Rhyolite Pty Ltd are ‘related employers’ within the meaning of s.172(5A) of the Act as they are both wholly owned subsidiaries of Adbri Limited Pty.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 7 July 2023.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 7 December 2023.
Regulation 2.06 Requirements
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 31 August 2026.
DEPUTY PRESIDENT
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