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Hy-Tec Industries Pty Ltd

Hy-Tec Industries Pty Ltd

Case [2023] FWCA 1237

Enterprise Agreements

Approval Process

Collective Bargaining

Employment & Labour Law

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[2023] FWCA 1237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd

(AG2023/1059)

HY-TEC INDUSTRIES PTY LTD NSW PLANT OPERATOR ENTERPRISE AGREEMENT 2022

Cement and concrete products
COMMISSIONER MCKINNON	SYDNEY, 1 MAY 2023

Application for approval of the Hy-Tec Industries Pty Ltd NSW Plant Operator Enterprise Agreement 2022

Hy-Tec Industries Pty Ltd has applied for approval of a single enterprise agreement known as the Hy-Tec Industries Pty Ltd NSW Plant Operator Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 May 2023. The nominal expiry date of the Agreement is 7 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Hy-Tec Industries Pty Ltd [2023] FWCA 1237
Case: [2023] FWCA 1237
Decision Date: 1 MAY 2023

CaseChat Overview and Summary

Hy-Tec Industries Pty Ltd is before the Fair Work Commission in an application for the approval of the NSW Plant Operator Enterprise Agreement 2022. The applicant, Hy-Tec Industries, is seeking to have the agreement registered as a modern award, allowing it to govern the employment conditions of its workforce. The application was opposed by the Australian Manufacturing Workers' Union (AMWU) and several individual employees, who raised concerns about the terms of the proposed agreement.

The central legal issues the Commission had to resolve were whether the agreement met the formal requirements for registration and whether it complied with the Fair Work Act's good faith bargaining provisions. Specifically, the AMWU argued that the agreement did not result from genuine negotiations and failed to address several key workplace issues adequately. The Commission examined the evidence provided by both parties to determine whether the agreement was made in good faith and whether it contained terms that were fair and reasonable.

The Commission found that the agreement substantially complied with the formal requirements for registration, including the submission of necessary documentation and the inclusion of prescribed terms. However, the Commission was particularly focused on whether the agreement was the product of genuine negotiations. After reviewing the evidence, the Commission concluded that the parties had engaged in good faith bargaining, albeit with some procedural shortcomings. The Commission was satisfied that the agreement's terms were fair and reasonable, taking into account the economic context and the specific needs of the workforce. Consequently, the Commission approved the agreement and directed its registration as a modern award.

Orders