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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Hy-Tec Industries and TWU Enterprise Agreement (Victoria) 2020. Hy-Tec Industries (Victoria) Pty Ltd sought approval for the enterprise agreement, which was reached through negotiations with the Transport Workers Union. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The commission was tasked with assessing the fairness and compliance of the agreement with the legislative framework.

The legal issues that the commission needed to resolve included whether the agreement contained terms that were fair and reasonable, whether it complied with the mandatory terms set out in the Fair Work Act, and whether the agreement had been made in good faith. Additionally, the commission examined whether the appropriate consultation processes had been followed and whether the agreement provided for appropriate mechanisms for dispute resolution. The primary focus was to ensure that the agreement did not adversely affect employees and adhered to the standards required by the Fair Work Act.

In its decision, the commission found that the agreement was fair and reasonable, complied with the mandatory terms, and was made in good faith. The commission determined that the agreement provided for appropriate mechanisms for dispute resolution and that the consultation processes were adequate. The commission was satisfied that the agreement did not adversely affect the employees and met the legal requirements for approval. Consequently, the commission approved the enterprise agreement, recognising it as a lawful and fair arrangement between the employer and the union.

The final orders of the commission included the approval of the Hy-Tec Industries and TWU Enterprise Agreement (Victoria) 2020. The agreement was deemed to be in compliance with the Fair Work Act and was recognised as a legally binding contract between Hy-Tec Industries (Victoria) Pty Ltd and the Transport Workers Union. This decision ensured that the terms of the agreement would govern the employment relationship between the parties, subject to the ongoing obligations under the Fair Work Act.

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