Hy-Tec Industries (Queensland) Pty Ltd

[2021] FWCA 3819

[2021] FWCA 3819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hy-Tec Industries (Queensland) Pty Ltd
(AG2021/5637)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD BATCH PLANT OPERATOR & TESTER ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 2 JULY 2021

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Batch Plant Operator and Tester 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 Industries (Queensland) Pty Ltd Batch Plant Operator and Tester 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.

[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 9 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A: