Hy-Tec Industries Pty Ltd

[2020] FWCA 2097

[2020] FWCA 2097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2020/679)

HY-TEC INDUSTRIES (NSW) PTY LTD AND AUS-10 RHYOLITE PTY LTD TANKER AND TIPPER DRIVERS ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 MAY 2020

Application for approval of the Hy-Tec Industries (NSW) Pty Ltd and Aus-10 Rhyolite Pty Ltd Tanker and Tipper Drivers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Hy-Tec Industries (NSW) Pty Ltd and Aus-10 Rhyolite Pty Ltd Tanker and Tipper Drivers Enterprise Agreement 2019 (Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hy-Tec Industries Pty Ltd and Aus-10 Rhyolite Pty Ltd (together, Employer), being “single interest employers” as defined by s.172(5) of the Act. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 16 April 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 2010), 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 18 May 2020. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A