DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hy-Tec Industries (Victoria) Pty Ltd T/A Hy-Tec
(AG2018/2924)

HY-TEC INDUSTRIES VICTORIA PTY LTD AND AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2017

Cement and concrete products
JUSTICE ROSS, PRESIDENT	MELBOURNE, 27 JULY 2018

Application for approval of the Hy-Tec Industries Victoria Pty Ltd and Australian Workers’ Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hy-Tec Industries Victoria Pty Ltd and Australian Workers Union Enterprise Agreement 2017 (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 T/A Hy-Tec. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2018. The nominal expiry date of the Agreement is 1 September 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hy-Tec Industries (Victoria) Pty Ltd, trading as Hy-Tec, sought approval of their enterprise agreement with the Australian Workers’ Union. The agreement was contested by the Australian Manufacturing Workers' Union, which argued that the terms of the agreement were not fair and appropriate. The matter was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement was fair and appropriate, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission examined the fairness of the agreement by assessing whether it provided for the protection of employees' rights, the promotion of workplace harmony, and the resolution of workplace issues. The Commission also considered whether the agreement provided for proper consultation and negotiation processes between the employer and the union.

The Commission found that the agreement was fair and appropriate as it provided for adequate protection of employees' rights, including provisions for minimum wage rates, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement promoted workplace harmony by providing for proper consultation and negotiation processes between the employer and the union. The Commission further found that the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission concluded that the agreement was fair and appropriate and approved it.

The Fair Work Commission approved the enterprise agreement between Hy-Tec Industries (Victoria) Pty Ltd and the Australian Workers’ Union, finding that it was fair and appropriate and complied with the relevant provisions of the Fair Work Act 2009. The agreement was approved with effect from 1 July 2017 and will remain in force until 30 June 2022, subject to any variations or terminations in accordance with the agreement or the Fair Work Act 2009. The Commission's decision is final and binding on the parties and cannot be appealed except on limited grounds.

Hy-Tec Industries (Victoria) Pty Ltd T/A Hy-Tec

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established