Hy-Tec Industries (Victoria) Pty Ltd

[2020] FWCA 5169

[2020] FWCA 5169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Victoria) Pty Ltd
(AG2020/2616)

HY-TEC INDUSTRIES AND TWU ENTERPRISE AGREEMENT (VICTORIA) 2020

Road transport industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 25 SEPTEMBER 2020

Application for approval of the Hy-Tec Industries and TWU Enterprise Agreement (Victoria) 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Hy-Tec Industries and TWU Enterprise Agreement (Victoria) 2020 (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 (Victoria) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Hy-Tec Industries (Victoria) Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Transport Workers’ Union (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declarations provided by the TWU, I note that the Agreement covers the TWU.

[5] The Agreement is approved and, in accordance with s.54, will operate from 2 October 2020. The nominal expiry date of the Agreement is 15 August 2023.

DEPUTY PRESIDENT

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