Hy-Tec Industries (Queensland) Pty Ltd

[2024] FWCA 3772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hy-Tec Industries (Queensland) Pty Ltd

(AG2024/3837)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD QUARRY WORKERS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 12 DECEMBER 2024

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 19 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hy-Tec Industries (Queensland) Pty Ltd applied for the approval of a workers' enterprise agreement in the Fair Work Commission. The agreement was submitted for consideration under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, specifically in terms of its compliance with the procedural and substantive requirements set out by the legislation. The Commission had to determine whether the agreement was fairly made and whether it provided for the proper management of workplace relations.

The primary legal issue was whether the enterprise agreement was made in accordance with the procedural requirements of the Fair Work Act. This included verifying that the agreement was made without any improper conduct, and that the necessary consultations and bargaining processes were followed. Additionally, the Commission needed to assess whether the agreement contained provisions that were contrary to the public interest or that failed to provide for the proper management of workplace relations. The fairness of the agreement and its compliance with relevant statutory provisions were also scrutinized.

The Fair Work Commission examined the evidence and submissions provided by both parties. It determined that the enterprise agreement was fairly made and that it complied with the statutory requirements. The Commission found that the agreement did not contain any provisions that were contrary to the public interest and that it provided for the proper management of workplace relations. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers Enterprise Agreement 2024, finding that it met the necessary criteria for approval under the Fair Work Act. The Commission determined that the agreement was fairly made, did not contain any provisions contrary to the public interest, and provided for the proper management of workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established