DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Queensland) Pty Ltd
(AG2015/753)

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

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 15 APRIL 2015

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

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

[2] On 14 April 2015 an undertaking was provided by Mr T Jackson, Logistics Manager of the Company, in relation to clause 6.2.4 of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hy-Tec Industries (Queensland) Pty Ltd applied to the Fair Work Commission for approval of the Drivers Enterprise Agreement 2015. The applicant argued that the agreement was made in good faith and complied with the relevant legislative requirements. The application was opposed by a union and an employee, who raised concerns about the fairness and coverage of the agreement.

The primary legal issue before the Commission was whether the agreement was made in good faith and met the necessary criteria for approval under the Fair Work Act 2009. The Commission considered the application of section 230 of the Act, which mandates that an enterprise agreement must be made in good faith and that the process for its making was fair. The opposition raised issues regarding the scope of the agreement and whether it adequately represented the interests of all employees within its coverage.

The Commission assessed the evidence presented and determined that the agreement was indeed made in good faith. It found that the process for negotiating and finalising the agreement was fair, and that the terms of the agreement were reasonable. The Commission concluded that the agreement met the legislative criteria for approval and did not contain any terms that were contrary to public policy. Accordingly, the Commission approved the Drivers Enterprise Agreement 2015.

The Fair Work Commission approved the Drivers Enterprise Agreement 2015, dismissing the opposition and confirming that the agreement met all necessary legal requirements for approval. The Commission found that the agreement was made in good faith and that the process for its negotiation and finalisation was fair. The Commission also determined that the agreement was reasonable in its terms and did not contravene any relevant public policy considerations.

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