DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hy-Tec Industries Pty Ltd
(AG2019/2900)

HY-TEC INDUSTRIES PTY LTD NSW AGITATOR TRUCK DRIVERS ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT BULL	SYDNEY, 17 SEPTEMBER 2019

Application for approval of the Hy-Tec Industries Pty Ltd NSW Agitator Truck Drivers Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Hy-Tec Industries Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Hy-Tec Industries Pty Ltd NSW Agitator Truck Drivers Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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 Transport Workers Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hy-Tec Industries Pty Ltd recently applied to the Fair Work Commission for approval of their enterprise agreement, the NSW Agitator Truck Drivers Enterprise Agreement 2019. The application arose from negotiations between the company and its drivers, seeking to formalise terms and conditions of employment. The Commission was tasked with determining whether the proposed agreement met the necessary statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement had been made in good faith, if it contained the mandated minimum terms and conditions, and if the bargaining processes were conducted appropriately. The Commission also had to consider if the agreement facilitated the improved productivity and flexibility of the workforce, as required by the Act. Additionally, it was necessary to assess if the agreement provided for a fair and efficient dispute resolution process.

In its decision, the Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The bargaining processes were deemed appropriate, and the agreement was considered to enhance productivity and flexibility in the workforce. The Commission was satisfied that the agreement provided for a fair and efficient dispute resolution process. Consequently, the application for approval was granted, and the agreement was registered. The decision underscored the importance of ensuring that enterprise agreements foster productive and flexible work environments while maintaining fair terms for all parties involved.

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