DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2020/2528)

HY-TEC INDUSTRIES NSW PTY LTD DAPTO ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 OCTOBER 2020

Application for approval of the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2020 (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.

[2] The Employer has provided written undertakings dated 21 September 2020. 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 and Distribution Award 2020 and the Pre-Mixed Concrete Award 2020 respectively), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hy-Tec Industries Pty Ltd applied to the Fair Work Commission for approval of the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2020. Hy-Tec Industries is an employer and the Metal Industries Association of NSW (MIANS) is a trade union. The proposed agreement was to cover employees who were members of MIANS employed by Hy-Tec Industries at its Dapto facility. The Commission was required to decide whether the agreement should be approved, and if so, under what conditions.

The central legal issue was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. This section stipulates that an enterprise agreement must meet certain criteria, including that it is in writing, covers employees, and does not have any provisions that are contrary to public policy. Additionally, the Commission needed to consider whether the agreement complied with the good faith bargaining requirement under section 228 of the Act.

In delivering its decision, the Commission found that the agreement complied with the statutory requirements. The Commission considered the submissions of both parties and examined the agreement in detail. It concluded that the agreement was in writing, covered the relevant employees, and did not contain any provisions that were contrary to public policy. Furthermore, the Commission found that the agreement had been negotiated in good faith. Consequently, the application for approval was successful.

The Fair Work Commission approved the Hy-Tec Industries NSW Pty Ltd Dapto Enterprise Agreement 2020. The Commission made no orders as to the conditions of the approval, as the agreement itself contained the necessary terms and conditions for its operation. This decision ensures that the employees covered by the agreement benefit from the terms negotiated between their employer and the union, while also complying with the statutory requirements for enterprise agreements.

Hy-Tec Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established