DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Queensland) Pty Ltd
(AG2015/912)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD QUARRY WORKERS ENTERPRISE AGREEMENT 2015

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 APRIL 2015

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 5 May 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hy-Tec Industries (Queensland) Pty Ltd applied to the Fair Work Commission for approval of the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers Enterprise Agreement 2015. The application was opposed by the Australian Workers' Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009, including provisions on genuine bargaining and the right to a fair work environment. The central issue before the Commission was whether the agreement was genuinely bargained for and met the statutory criteria for approval, including compliance with the Fair Work Act and its regulations.

The Commission considered the evidence provided by both parties, including the process by which the agreement was negotiated and the contents of the agreement itself. It examined whether the agreement was the product of genuine bargaining between the employer and the union, and whether it contained terms that were fair and reasonable. The Commission also assessed whether the agreement provided for a fair work environment and whether it complied with the statutory provisions on genuine bargaining and good faith. The Commission found that the agreement was genuinely bargained for and met the statutory criteria for approval.

The Commission determined that the evidence demonstrated that the agreement was the result of genuine bargaining between the employer and the union, and that the terms of the agreement were fair and reasonable. The Commission also found that the agreement provided for a fair work environment and complied with the statutory provisions on genuine bargaining and good faith. As a result, the Commission approved the agreement, and it became a registered agreement under the Fair Work Act. The Commission's decision was based on the evidence presented and its interpretation of the relevant statutory provisions. The employer and the union were bound by the terms of the agreement, which provided for the terms and conditions of employment for the quarry workers.

Hy-Tec Industries (Queensland) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established