Hy-Tec Industries (Queensland) Pty Ltd

[2018] FWCA 5766

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hy-Tec Industries (Queensland) Pty Ltd

(AG2018/1999)

Hy-Tec Industries (Queensland) Pty Ltd Batch Plant Operator & Tester Enterprise Agreement 2018

Cement and concrete products
Commissioner Harper-Greenwell	MELBOURNE, 13 SEPTEMBER 2018

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Batch Plant Operator & Tester Enterprise Agreement 2018.

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 2018 (the Agreement). The application was made pursuant to s.185 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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 13 September 2018 and, in accordance with s.54, will operate from 20 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hy-Tec Industries (Queensland) Pty Ltd sought approval for the Batch Plant Operator & Tester Enterprise Agreement 2018. The application was made before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval. The primary dispute centred on the agreement's compliance with the Fair Work Act 2009, particularly in terms of its provisions on wages, hours of work, and other conditions of employment.

The central legal issues before the Commission involved scrutinising the agreement to ensure it complied with the statutory requirements for enterprise agreements. This included assessing whether the agreement provided for the minimum entitlements under the national workplace relations system, did not discriminate against any group or individual, and was free from any unfair content. Furthermore, the Commission had to consider whether the agreement had been made in accordance with the procedural requirements set out in the Act.

The Commission found that the agreement met the necessary legal standards for approval. It was satisfied that the agreement provided for the minimum entitlements and did not contain any discriminatory or unfair provisions. Additionally, the procedural requirements for making the agreement had been followed correctly. As a result, the Commission approved the Batch Plant Operator & Tester Enterprise Agreement 2018.

The Commission's decision to approve the agreement was based on a thorough examination of its provisions and the compliance with statutory requirements. The Commission determined that the agreement was fair and balanced, providing for the minimum entitlements and other conditions of employment in a manner consistent with the national workplace relations system. Consequently, the agreement was approved, allowing it to be registered and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established