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

[2018] FWCA 4928

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2018/1886)

Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2018

Road transport industry
Commissioner Johns	SYDNEY, 23 AUGUST 2018

Application for approval of the Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hy-Tec Industries Pty Ltd T/A Hy-Tec. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Hy-Tec Industries Pty Ltd, trading as Hy-Tec, sought approval of the Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2018. The applicant submitted that the agreement was a "low-paid" enterprise agreement and therefore did not require the approval of a majority of members of the relevant employee group through a vote. The applicant argued that it was not required to pay a registration fee and that the agreement should be approved on the basis that it had been certified as a genuine agreement by the relevant industrial officer. The applicant submitted that the agreement contained appropriate dispute resolution provisions, and that it was in the best interests of the employees to have the agreement approved.

The applicant submitted that the agreement contained appropriate provisions regarding the classification of employees, their remuneration, and working conditions. The applicant also submitted that the agreement contained appropriate provisions regarding the protection of employees' entitlements and that it provided for the resolution of disputes in an appropriate manner. The applicant submitted that the agreement was a genuine agreement that had been negotiated in good faith and that it was in the best interests of the employees.

The court considered the submissions of the parties and found that the agreement was a genuine agreement that had been negotiated in good faith. The court found that the agreement contained appropriate provisions regarding the classification of employees, their remuneration, and working conditions. The court also found that the agreement contained appropriate provisions regarding the protection of employees' entitlements and that it provided for the resolution of disputes in an appropriate manner. The court found that the agreement was in the best interests of the employees and that it was appropriate for the agreement to be approved.

The court approved the Hy-Tec Industries NSW Pty Ltd Wallerawang Enterprise Agreement 2018, finding that it was a genuine agreement that had been negotiated in good faith and was in the best interests of the employees. The court ordered that the agreement be registered and that the applicant was not required to pay a registration fee. The court also ordered that the agreement be approved and that it be in effect from the date of the order.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established