DECISION

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

Hy-Tec Industries Queensland Pty Ltd T/A Hy-Tec Industries Queensland Pty Ltd
(AG2020/2964)

HY-TEC INDUSTRIES (QUEENSLAND) PTY LTD TANKER DRIVER ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 4 NOVEMBER 2020

Application for approval of the Hy-Tec Industries (Queensland) Pty Ltd Tanker Drivers Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by the Hy-Tec Industries Queensland Pty Ltd T/A Hy-Tec Industries Queensland Pty Ltd for approval of Hy-Tec Industries (Queensland) Pty Ltd Tanker Drivers Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Peter Biagini, Queensland Branch Secretary of the Transport Workers’ Union of Australia (TWU), filed a Form F18 in this matter, advising that the TWU supports approval of the Agreement by the Commission and providing notice under s.183 of the Act that it wants the Agreement to cover. In its Form F18, the TWU raised concern with Clause 14 of the Agreement.

[3] Correspondence was sent to the Applicant on 20 October 2020, noting the concern raised by the TWU and seeking a response from the Applicant. The Applicant filed submissions on 20 October 2020. The TWU was invited to provide submissions in reply and did so on 21 October 2020. On 29 October 2020, further correspondence was sent from my Chambers, seeking an undertaking from the Applicant in relation to Clause 14 of the Agreement. The Applicant filed an undertaking addressing the concern on 30 October 2020. The TWU was provided with copies of the proposed undertaking.

[4] The matter was listed for eHearing at 10:00 am AEST on 3 November 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.
[6] Subject to the matters raised at paragraph [3], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[7] In accordance with s.201(2), I note that the Agreement covers the TWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2020. The nominal expiry date is 4 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

In the recent case, Hy-Tec Industries Queensland Pty Ltd T/A Hy-Tec Industries Queensland Pty Ltd, the applicant sought approval of the Hy-Tec Industries (Queensland) Pty Ltd Tanker Drivers Enterprise Agreement 2020. The application was brought before the Fair Work Commission, with the decision focusing on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The applicant argued that the agreement provided fair and appropriate terms and conditions for the employees involved, while the respondents raised concerns about specific provisions within the agreement.

The primary legal issues revolved around whether the enterprise agreement contained the necessary good faith bargaining provisions and whether the agreement's provisions were fair and reasonable. The court was required to determine whether the agreement met the statutory criteria set out in the Fair Work Act 2009, including the requirement for the agreement to be made in good faith and to provide for a fair and appropriate method of determining wages and other conditions of employment. The court also had to consider whether the agreement provided for a fair and reasonable method of addressing any disputes that may arise between the parties.

The Fair Work Commission found that the application met the statutory requirements for approval. The court acknowledged the evidence provided by the applicant, which demonstrated that the agreement was the result of good faith bargaining and contained appropriate terms and conditions for the employees involved. The court also found that the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, as well as a fair and reasonable method of addressing any disputes that may arise between the parties. As a result, the Fair Work Commission approved the Hy-Tec Industries (Queensland) Pty Ltd Tanker Drivers Enterprise Agreement 2020.

Hy-Tec Industries Queensland Pty Ltd T/A Hy-Tec Industries Queensland Pty Ltd

DECISION

Attachment A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established