Hy-Tec Industries Qld Pty Ltd

[2024] FWCA 710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hy-Tec Industries Qld Pty Ltd

(AG2023/5522)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD TANKER AND TIPPER DRIVER ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 22 FEBRUARY 2024

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Tanker and Tipper Driver Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Queensland) Pty Ltd Tanker and Tipper Driver Enterprise Agreement 2023 (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 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.

On 15 February 2024, the Applicant filed an amended version of the agreement as the agreement lodged contained a typographical error at clauses 1.8(a), 2.4, 3.2, 3.3(vi), 4.1, 4.3, 4.4, 5.2, 5.3(b)(ii), 5.4. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hy-Tec Industries (Queensland) Pty Ltd, sought approval of the Enterprise Agreement 2023 from the Fair Work Commission. The agreement covered drivers employed by Hy-Tec in Queensland. The matter was heard by Deputy President Stewart in the Commission. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission examined the process by which the agreement was negotiated, the extent to which it provided for minimum entitlements, and whether it complied with procedural fairness.

The Commission found that the agreement was appropriately negotiated and met the requirements of the Act. It provided for minimum entitlements and was in the best interests of the employees. The Commission noted that the agreement contained provisions for a fair and equitable work environment, including provisions for reasonable working hours, overtime payments, and provisions for leave. The Commission also found that the process by which the agreement was negotiated was fair and that the agreement complied with procedural fairness.

Accordingly, the Commission approved the agreement. The Commission made an order that the Enterprise Agreement 2023 between Hy-Tec Industries (Queensland) Pty Ltd and its drivers be approved under section 233 of the Fair Work Act 2009. The order was made on the basis that the agreement met the requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for a fair and equitable work environment and that it complied with procedural fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established