DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Queensland) Pty Ltd
(AG2021/6437)

HY-TEC QUARRY WORKERS ENTERPRISE AGREEMENT 2021

Quarrying industry
COMMISSIONER HUNT	BRISBANE, 13 AUGUST 2021

Application for approval of the Hy-Tec Quarry Workers Enterprise Agreement 2021.

[1] Hy-Tec Industries (Queensland) Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Hy-Tec Quarry Workers Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the four employee representatives (the employee representatives) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

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 Hy-Tec Quarry Workers Enterprise Agreement 2021. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose from the terms of the proposed agreement, particularly regarding pay rates and conditions for workers in the quarry industry. The Fair Work Commission, presided over by Deputy President D’Abbs, was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement was in the interests of procedural fairness, and whether it provided for the safety, health and welfare of employees, as required by the Fair Work Act. The union argued that the agreement did not sufficiently protect the rights of workers and was not in the best interests of procedural fairness. Hy-Tec Industries, on the other hand, contended that the agreement was fair and provided for adequate terms and conditions of employment.

In delivering the decision, Deputy President D’Abbs found that the agreement was procedurally fair and met the requirements of the Fair Work Act. The Commission considered the nature of the industry, the bargaining positions of the parties, and the terms of the agreement. The Deputy President determined that the agreement provided for fair and reasonable terms and conditions of employment, including adequate pay rates and conditions that met the safety, health and welfare requirements of the Fair Work Act. Consequently, the application for approval of the Hy-Tec Quarry Workers Enterprise Agreement 2021 was approved.

The Commission's final order was that the Hy-Tec Quarry Workers Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act. The agreement would now apply to all employees of Hy-Tec Industries in the quarry industry, providing them with the terms and conditions set out in the approved 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