DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Victoria) Pty Ltd
(AG2021/273)

HY-TEC INDUSTRIES VICTORIA PTY LTD AND AUSTRALIAN WORKERS’ UNION (“AWU”) ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 18 FEBRUARY 2021

Application for approval of the Hy-Tec Industries Victoria Pty Ltd and Australian Workers’ Union (“AWU”) Enterprise Agreement 2020.

[1] Application has been made by Hy-Tec Industries (Victoria) Pty Ltd for approval of a single enterprise agreement known as the Hy-Tec Industries Victoria Pty Ltd and Australian Workers’ Union (“AWU”) Enterprise Agreement 2020 (the Agreement).

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from the first full pay period to commence on or after 25 February 2021. The nominal expiry date of the Agreement is 1 September 2022.

[4] The Agreement covers the Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Hy-Tec Industries (Victoria) Pty Ltd and the Australian Workers' Union. The agreement, titled the Hy-Tec Industries Victoria Pty Ltd and Australian Workers' Union Enterprise Agreement 2020, was submitted to the Fair Work Commission for its consideration and approval. The application for approval followed a negotiation process between the employer and the union representing the employees.

The primary legal issues that the Fair Work Commission had to address were whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the criteria for approval under the Act. Specifically, the Commission needed to determine if the agreement provided for the protection of employees' rights and entitlements, whether it was made in good faith, and if it contained appropriate mechanisms for dispute resolution. Additionally, the Commission had to ensure that the agreement did not undermine the safety and health of employees, and that it was not contrary to the public interest.

In examining the agreement, the Fair Work Commission considered the provisions of the Fair Work Act and relevant regulations. The Commission found that the enterprise agreement was consistent with the requirements of the Act, as it provided for the protection of employees' rights and entitlements, and contained appropriate mechanisms for dispute resolution. The agreement also did not undermine the safety and health of employees and was not contrary to the public interest. The Commission was satisfied that the agreement had been made in good faith and met the criteria for approval. Consequently, the Fair Work Commission approved the Hy-Tec Industries Victoria Pty Ltd and Australian Workers' Union Enterprise Agreement 2020.

The Fair Work Commission's decision to approve the enterprise agreement was based on the evidence presented and the application of the relevant legal provisions. The Commission found that the agreement was in compliance with the Fair Work Act and met the criteria for approval. The final orders of the Commission were that the enterprise agreement be approved, effective from the date of the decision. This decision provides clarity for both the employer and the employees regarding their rights and obligations under the approved agreement.

Hy-Tec Industries (Victoria) 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