DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries Pty Ltd T/A Hy-Tec
(AG2018/6428)

HY-TEC INDUSTRIES (NORTHERN TERRITORY) PTY LTD ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 11 APRIL 2019

Application for approval of the Hy-Tec Industries (Northern Territory) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Northern Territory) Pty Ltd Enterprise Agreement 2018 (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 T/A Hy-Tec. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hy-Tec Industries Pty Ltd, trading as Hy-Tec, applied to the Fair Work Commission for approval of the Hy-Tec Industries (Northern Territory) Pty Ltd Enterprise Agreement 2018. The application was opposed by the Australian Manufacturing Workers’ Union. The dispute centred around whether the enterprise agreement met the requirements of the Fair Work Act 2009 and if it appropriately represented the interests of the employees. The Fair Work Commission was tasked with determining these issues.

The primary legal issues before the Commission were whether the agreement was a bona fide enterprise agreement and if it contained all the mandatory terms prescribed by the Fair Work Act. Additionally, the Commission had to assess if the agreement had been made in accordance with the procedural requirements set out in the Act. The opposition raised concerns about the process of agreement and the representation of employee interests.

The Commission found that the agreement was indeed a bona fide enterprise agreement that contained all the mandatory terms required by the Act. It determined that the agreement was made in accordance with the procedural requirements, despite the union's concerns. The Commission held that the application for approval should be granted, as the agreement met all the necessary criteria. The union's objections were not sufficient to overturn the application.

The Fair Work Commission approved the Hy-Tec Industries (Northern Territory) Pty Ltd Enterprise Agreement 2018, dismissing the opposition by the Australian Manufacturing Workers’ Union. The Commission found the agreement to be a bona fide enterprise agreement, containing all the mandatory terms and adhering to the procedural requirements of the Fair Work Act.

Hy-Tec Industries Pty Ltd T/A Hy-Tec

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established