DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Limited
(AG2017/6765)

HYMIX AUSTRALIA PTY LIMITED NSW COUNTRY CONCRETE BATCH PLANT ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Country Concrete Batch Plant 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 Hymix Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 23 February 2018 and, in accordance with s.54, will operate from 2 March 2018. The nominal expiry date of the Agreement is 3 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent matter of Hymix Australia Pty Limited, the Fair Work Commission was tasked with deciding whether to approve an enterprise agreement between the employer and the employees represented by the Building, Construction, Forestry, Maritime, Energy and Mining Union. The agreement in question pertains to the NSW Country Concrete Batch Plant Enterprise Agreement 2017. The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval, particularly in terms of the process by which it was negotiated and the extent to which it complied with the Fair Work Act 2009. The Commission had to consider whether the agreement was made in good faith, if it was fairly negotiated, and whether it complied with the procedural requirements set out in the Act.

Upon examining the evidence, the Commission found that the agreement was indeed made in good faith and was the product of a fair negotiation process. The employer had engaged with the union and the employees over a period of time, addressing their concerns and reaching a consensus on the terms of the agreement. The Commission noted that the agreement provided for a range of benefits and protections for the employees, including fair pay and conditions, and that it met the statutory requirements for approval. The Commission was satisfied that the procedural requirements of the Act had been met, including the requirement for the agreement to be in writing and for the union to have been given a reasonable opportunity to participate in the negotiation process.

In light of the above findings, the Fair Work Commission approved the NSW Country Concrete Batch Plant Enterprise Agreement 2017. The Commission determined that the agreement met all the necessary criteria for approval and was in the best interests of the employees. The Commission recognised the importance of enterprise agreements in providing a framework for fair and productive industrial relations between employers and employees. The approval of this agreement will provide certainty and stability for the parties involved and will help to promote harmonious industrial relations in the industry.

Hymix Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established