| [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.
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Hy-Tec Industries Qld Pty Ltd [2024] FWCA 2885
- Case
- [2024] FWCA 2885
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address were primarily focused on the compliance of the proposed enterprise agreement with the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission needed to ensure that the agreement provided for minimum entitlements, did not unfairly disadvantage any employee, and was made in good faith. Additionally, the court examined whether the agreement contained all the mandatory terms as required by the regulations and if it adhered to the procedural fairness principles.
The Commission undertook a thorough analysis of the proposed agreement, evaluating its provisions against the legal standards. The court found that the agreement contained all the mandatory terms stipulated by the regulations and that the process through which the agreement was made was fair and in good faith. The terms of the agreement were deemed to meet the minimum entitlements required by the Fair Work Act, and no employee was unfairly disadvantaged. Consequently, the Commission approved the application, endorsing the Hy-Tec Industries (Queensland) Pty Ltd Concrete Batch Plant Operator & Tester Enterprise Agreement 2024.
In approving the agreement, the Commission highlighted the importance of ensuring that such enterprise agreements adequately protect the rights and interests of employees while also considering the legitimate needs of the employer. The approval signifies that the agreement is now legally binding between the employer and the employees covered by it.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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