Hy-Tec Industries Pty Ltd

[2021] FWCA 6738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2021/8255)

HY-TEC INDUSTRIES NSW PTY LTD WALLERAWANG ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER JOHNS	SYDNEY, 17 NOVEMBER 2021

Application for approval of the Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hy-Tec Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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 of the Act, will operate from 24 November 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hy-Tec Industries Pty Ltd applied for approval of the Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2021. The applicant is a manufacturing company based in Wallerawang, New South Wales. The dispute involved the terms of the enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The legal issues before the court involved whether the enterprise agreement met the statutory criteria for approval. These criteria included whether the agreement had been made in good faith, whether it included terms that were not contrary to public policy, and whether it provided for a process for resolving disputes. The court also needed to consider whether the agreement had been fairly negotiated and if it included appropriate provisions for the protection of employees.

The court examined the evidence and submissions from both parties. It found that the enterprise agreement had been made in good faith and included terms that were not contrary to public policy. The agreement also provided for a process for resolving disputes and contained provisions for the protection of employees. The court concluded that the agreement met the statutory criteria for approval and granted the application. The enterprise agreement was therefore approved and will apply to the employees of Hy-Tec Industries NSW Pty Ltd.

The court ordered that the Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2021 be approved and registered with the Fair Work Commission. The agreement will now apply to the employees of Hy-Tec Industries NSW Pty Ltd and will be binding on both the employer and the employees. The court's decision provides clarity on the requirements for approving enterprise agreements and sets a precedent for future applications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established