Hy-Tec Industries Qld Pty Ltd
[2024] FWCA 2885
•5 AUGUST 2024
| [2024] FWCA 2885 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hy-Tec Industries Qld Pty Ltd
(AG2024/2723)
HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD CONCRETE BATCH PLANT OPERATOR & TESTER ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 5 AUGUST 2024 |
Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Concrete Batch Plant Operator & Tester Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Queensland) Pty Ltd Concrete Batch Plant Operator & Tester Enterprise Agreement 2024 (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 QLD PTY LTD (the Applicant). The Agreement is a single enterprise agreement.
The Agreement does not contain a delegates’ rights term, pursuant to s.205A, and on that basis the term in the relevant modern award will apply.
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 4.5– Casual Conversion.
However, noting clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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