DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Queensland) Pty Ltd
(AG2015/557)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD BATCH PLANT OPERATOR & TESTER ENTERPRISE AGREEMENT 2015

Cement and concrete products
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Batch Plant Operator & Tester Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Queensland) Pty Ltd Batch Plant Operator & Tester Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Hy-Tec Industries (Queensland) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 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, the employer, applied for approval of the Batch Plant Operator & Tester Enterprise Agreement 2015 with the Fair Work Commission (FWC). The dispute centred around the terms and conditions outlined in the agreement, particularly those that pertained to the roles of batch plant operators and testers. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court needed to ascertain whether the agreement contained the requisite "better off overall test" (BOOT) provisions, which require that employees be no worse off financially and at least as well off on any of the key terms of employment compared to their previous conditions. Additionally, the court had to assess if the agreement had been made in good faith and if it included provisions for genuine bargaining. The specific terms under scrutiny included the rates of pay, overtime, penalty rates, and allowances.

In delivering its decision, the FWC found that the agreement did not comply with the BOOT as it failed to adequately address the financial interests of the employees. The FWC also determined that there was insufficient evidence to establish that the agreement had been made in good faith, as the employer did not provide necessary information and documentation to substantiate the terms. Consequently, the FWC rejected the application for approval.

The FWC declined to approve the Batch Plant Operator & Tester Enterprise Agreement 2015, and the matter was remitted back to the parties for further negotiation and submission of a compliant agreement.

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