DECISION

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

Hy-Tec Industries Pty Ltd T/A Hy-Tec
(AG2019/4293)

HY-TEC INDUSTRIES PTY LTD NSW PLANT OPERATOR ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT CROSS	SYDNEY, 5 DECEMBER 2019

Application for approval of the Hy-Tec Industries Pty Ltd NSW Plant Operator Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries Pty Ltd NSW Plant Operator Enterprise Agreement 2019 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached as “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 terms 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 12 December 2019. The nominal expiry date of the Agreement is 31 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE ‘A’

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Hy-Tec Industries Pty Ltd, trading as Hy-Tec, for approval of the NSW Plant Operator Enterprise Agreement 2019. The company sought to have the agreement registered under the Fair Work Act 2009, which requires that certain conditions are met for an enterprise agreement to be approved. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised objections on the basis that the agreement did not meet the requirements of the Act.

The legal issues the court had to address centred around whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The primary points of contention were whether the agreement had been appropriately negotiated, whether it contained the necessary minimum terms and conditions, and whether it was made in good faith and without coercion. Additionally, the court had to consider the CFMEU's argument that certain provisions of the agreement were not fairly and reasonably negotiated and did not provide adequately for the protection of employees.

In its decision, the Fair Work Commission found that the Hy-Tec Industries Pty Ltd NSW Plant Operator Enterprise Agreement 2019 met the necessary criteria for approval. The Commission noted that there was evidence of genuine and fair negotiations between the parties, and that the agreement contained all the mandated minimum terms and conditions. The Commission also found that the agreement was made in good faith and without coercion, and that it provided appropriately for the protection of employees' interests. Consequently, the application for approval was successful.

The Fair Work Commission ordered that the Hy-Tec Industries Pty Ltd NSW Plant Operator Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This ruling ensures that the agreement will now govern the employment conditions of the relevant employees, providing a clear and legally binding framework for their work arrangements.

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