Hy-Tec Industries Qld Pty Ltd Summary

[2024] FWCA 1875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hy-Tec Industries Qld Pty Ltd

(AG2024/1630)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD AGITATOR DRIVERS ENTERPRISE AGREEMENT 2024

Cement and concrete products
COMMISSIONER DURHAM	BRISBANE, 22 MAY 2024

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Agitator Drivers Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Queensland) Pty Ltd Agitator Drivers 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.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.4.2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act 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 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hy-Tec Industries Queensland Pty Ltd, an employer, applied for approval of an enterprise agreement between the company and its employees represented by the Electrical Trades Union of Australia. The Federal Court of Australia was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary issue before the Court was whether the agreement had been made in good faith and whether it contained the necessary provisions for employee protections and dispute resolution mechanisms as stipulated by the legislation.

The Court reviewed the evidence and submissions to assess whether the agreement was genuinely negotiated and if it provided adequate terms for the employees. It examined the process of bargaining and whether it complied with the good faith obligations. The Court also scrutinised the content of the agreement to ensure it met the standards set by the Fair Work Act. The union argued that the agreement was fair and properly negotiated, while the employer contended that the terms were reasonable and appropriate. After careful consideration, the Court determined that the agreement was made in good faith and contained all the required provisions for employee protections and dispute resolution.

The Court approved the enterprise agreement, finding it to be compliant with the statutory requirements. The decision confirmed the validity of the agreement, allowing it to be registered and enforced. This outcome ensures that the terms and conditions of employment are adequately addressed and protected, while also allowing the employer to operate within a framework that is fair and reasonable for both parties.

Hy-Tec Industries Qld Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established