DECISION

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

Hy-Tec Industries (Queensland) Pty Ltd
(AG2018/1889)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD QUARRY WORKERS ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER SAUNDERS	NEWCASTLE, 22 AUGUST 2018

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers Enterprise Agreement 2018

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers 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.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 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

The matter before the Fair Work Commission involved Hy-Tec Industries (Queensland) Pty Ltd, a mining and quarrying company, and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on the approval of the Hy-Tec Industries (Queensland) Pty Ltd Quarry Workers Enterprise Agreement 2018. The company sought to implement this agreement, which sought to modify certain terms and conditions of employment for its quarry workers. The employees, represented by the union, contested specific provisions of the agreement, arguing they were not fair and reasonable in the circumstances.

The legal issues before the Commission were primarily whether the provisions of the Enterprise Agreement were consistent with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the 'better off overall test', ensuring that employees were not worse off overall than under their previous conditions of employment. The Commission also considered the fairness of the process by which the agreement was negotiated and the adequacy of the provisions regarding worker protections and entitlements.

In delivering its decision, the Commission noted that while the agreement provided certain benefits to employees, including increased wages and improved working conditions, some provisions were contentious. The Commission found that certain clauses did not adequately protect workers, particularly in terms of shift patterns and overtime entitlements. Despite these concerns, the Commission concluded that the overall benefits of the agreement, including the financial gains and improved working conditions, outweighed the deficiencies. The Commission was satisfied that the agreement met the 'better off overall test' and was thus fair and reasonable. The Commission approved the Enterprise Agreement, subject to certain modifications to address the identified concerns.

As a result of the Commission's decision, the Enterprise Agreement was approved with the conditions that specific clauses be revised to better protect workers. The company was required to implement the agreed modifications within a specified timeframe. The union and the company were directed to cooperate in making these changes and to submit a report to the Commission within six months detailing the implementation of the modified 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