DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Queensland) Pty Ltd
(AG2021/4714)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD AGITATOR DRIVERS ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER SIMPSON	BRISBANE, 5 MAY 2021

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Agitator Drivers Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Queensland) Pty Ltd Agitator Drivers Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hy-Tec Industries (Queensland) Pty Ltd was the subject of an application before the Fair Work Commission seeking approval of the Agitator Drivers Enterprise Agreement 2021. The dispute centred around whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. The applicant, Hy-Tec Industries, argued that the agreement was fair and reasonable, while the respondent contended that it failed to adequately protect the rights and interests of the employees.

The legal issues before the Commission involved assessing whether the agreement contained the necessary provisions for minimum entitlements, whether it facilitated a fair and efficient workplace, and whether it was free from any unfair discrimination. The Commission had to consider the specific circumstances of the workplace and the balance of the parties' bargaining power. Additionally, the court needed to determine if the agreement provided for adequate mechanisms for dispute resolution and the protection of employees' rights.

The Commission found that the proposed agreement was largely compliant with the requirements of the Fair Work Act. It contained all the necessary provisions for minimum entitlements and provided for a fair and efficient workplace. The mechanisms for dispute resolution and protection of employees' rights were deemed adequate. However, the Commission made several minor amendments to ensure the agreement was more equitable and better protected the interests of the employees. The Commission concluded that, with these amendments, the agreement met the criteria for approval.

The Fair Work Commission approved the Agitator Drivers Enterprise Agreement 2021 with the amendments made. The final orders included specific changes to certain clauses to address the concerns raised during the hearing, ensuring the agreement was fair and balanced for both parties.

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