DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2019/4903)

HY-TEC INDUSTRIES (NSW) PTY LTD CENTRAL DESPATCH ENTERPRISE AGREEMENT 2019

Clerical industry
COMMISSIONER JOHNS	SYDNEY, 21 JANUARY 2020

Application for approval of the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hy-Tec Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2020. The nominal expiry date of the Agreement is 19 December 2022.

COMMISSIONER

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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 Central Despatch Enterprise Agreement 2019. The agreement was proposed as a modern award to cover employees of Hy-Tec Industries (NSW) Pty Ltd. The application was contested by the Transport Workers Union of Australia, which argued that the agreement did not meet the statutory requirements for approval. The central issue before the Commission was whether the agreement satisfied the criteria for approval under section 231 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace and included appropriate mechanisms for dispute resolution.

The Commission carefully considered the provisions of the agreement, including the terms and conditions of employment, the provisions for pay and conditions, and the dispute resolution mechanisms. The Commission also took into account the submissions made by the parties and the evidence provided. The Commission found that the agreement met the statutory requirements for approval. The agreement provided for fair and efficient workplaces and included appropriate mechanisms for dispute resolution. The Commission was satisfied that the agreement provided for a fair and efficient workplace and included appropriate mechanisms for dispute resolution.

The Fair Work Commission approved the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2019. The agreement was approved as a modern award, effective from the date of the Commission's decision. The approval of the agreement provides a framework for the fair and efficient operation of workplaces covered by the agreement and ensures that employees are protected by appropriate dispute resolution mechanisms.

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