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

Annexure A

CaseChat Overview and Summary

Hy-Tec Industries (NSW) Pty Ltd and Aus-10 Rhyolite Pty Ltd recently sought approval of the Tanker and Tipper Drivers Enterprise Agreement 2019 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for drivers within the specified enterprises. The applicants argued that the agreement provided for fair and reasonable terms, while the respondent, represented by the Transport Workers Union, contested several provisions, primarily concerning pay rates and working conditions.

The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act and whether the terms and conditions were fair and reasonable. This involved examining whether the agreement provided for fair and reasonable terms in line with the provisions of the Act, including whether it contained appropriate mechanisms for dispute resolution and whether it was appropriately certified by an independent person. The Commission also considered whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission found that the Tanker and Tipper Drivers Enterprise Agreement 2019 did meet the criteria for approval. The Commission held that the agreement provided for fair and reasonable terms, taking into account the overall balance of the agreement and the interests of both employers and employees. The Commission also found that the agreement contained appropriate mechanisms for dispute resolution and was appropriately certified. Consequently, the application for approval was successful, and the agreement was certified as meeting the requirements of the Fair Work Act.

The Commission ordered the approval of the Tanker and Tipper Drivers Enterprise Agreement 2019, effective from the date of the decision. This decision is significant for the parties involved, as it provides a legally binding framework for the employment of tanker and tipper drivers within the specified enterprises. The outcome ensures that the terms and conditions of employment are fair and reasonable, while also recognising the importance of maintaining a cooperative and productive workplace environment.

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