Hy-Tec Industries (Victoria) Pty Ltd

[2014] FWCA 5982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Victoria) Pty Ltd
(AG2014/7221)

HY-TEC INDUSTRIES VICTORIA PTY LTD AND AUSTRALIAN WORKERS UNION (“AWU”) ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 29 AUGUST 2014

Application for approval of the Hy-Tec Industries Victoria Pty Ltd and Australian Workers Union (“AWU”) Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Hy-Tec Industries Victoria Pty Ltd and Australian Workers Union (“AWU”) Enterprise Agreement 2014 (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.

[2] 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, have been met.

[3] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 1 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hy-Tec Industries (Victoria) Pty Ltd and the Australian Workers Union sought approval of an enterprise agreement. The dispute centred around the terms and conditions of employment outlined in the Enterprise Agreement 2014. The primary issue before the Commission was whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and whether it provided for minimum entitlements as stipulated by the law.

The court examined the process by which the agreement was negotiated, the extent to which employees were consulted, and whether the agreement included all mandated minimum terms and conditions. The Commission assessed if the agreement was made in good faith and whether it adequately addressed the rights and obligations of both employers and employees. Additionally, the court evaluated if the agreement provided fair and reasonable terms that were not detrimental to the employees.

After thorough deliberation, the Commission found that the agreement largely adhered to the legal requirements and was negotiated in good faith. The court concluded that the agreement provided for all minimum entitlements and was fair and reasonable. Consequently, the Commission approved the Enterprise Agreement 2014, subject to certain conditions to ensure ongoing compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established