| [2023] FWCA 2192 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hy-Tec Industries Pty Ltd T/A Hy-Tec Industries Pty Ltd
(AG2023/2105)
HY-TEC INDUSTRIES (NSW) PTY LTD CENTRAL DESPATCH ENTERPRISE AGREEMENT 2022
| Construction industry | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 24 JULY 2023 |
Application for approval of the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Nsw) Pty Ltd Central Despatch Enterprise Agreement 2022 (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 Industries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 11 November 2023 and the Agreement was made on 16 June 2023. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023[1].
The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 May 2025.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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- AGLC
- Hy-Tec Industries Pty Ltd T/A Hy-Tec Industries Pty Ltd [2023] FWCA 2192
- Case
- [2023] FWCA 2192
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed enterprise agreement provided appropriate protections for employees and whether it was made in good faith. The Commission needed to assess if the agreement complied with the requirements of the Fair Work Act 2009, including provisions relating to minimum wage rates, notice periods, and other employment conditions. Additionally, the Commission had to consider whether the agreement addressed the specific needs and interests of the employees represented by the union.
The Commission found that the proposed enterprise agreement met the legislative requirements and provided appropriate protections for the employees. The agreement included provisions for minimum wage rates, shift differentials, and other employment conditions that were consistent with the Fair Work Act 2009. The Commission also determined that the agreement was made in good faith, as it had been negotiated between the employer and the union, and reflected the specific needs and interests of the employees. The Commission approved the Hy-Tec Industries (NSW) Pty Ltd Central Despatch Enterprise Agreement 2022, ensuring that it would now form the basis for the employment conditions of central despatch operators within the company.
Orders
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Background
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Evidence
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