Hymix Australia Pty Limited

[2015] FWCA 3940

[2015] FWCA 3940

The attached document replaces the document previously issued with the above code on Friday 12 June 2015.

The paragraph numbering in the decision has been amended.

Laura Clark

Relief Associate to Commissioner Spencer

Dated 12 June 2015

[2015] FWCA 3940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hymix Australia Pty Limited
(AG2015/1236)

HYMIX CONCRETE CARTAGE UNION COLLECTIVE AGREEMENT 2015-2017 SOUTH EAST QLD & NORTHERN RIVERS NSW

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 12 JUNE 2015

Application for approval of the Hymix Australia Pty Ltd Concrete Cartage Union Collective Agreement 2015-2017 South East Queensland & Northern Rivers NSW.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Ltd Concrete Cartage Union Collective Agreement 2015-2017 South East Queensland & Northern Rivers NSW (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 Ltd. The Agreement is a single-enterprise agreement.

[2] The employer provided a written undertaking in relation to the definition of a shift worker, which is attached to this decision. The Union were provided with a copy of the undertaking and did not make any objection to its inclusion.

[3] The Transport Workers’ Union of Australia, being a 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), I note that the Agreement covers this organisation.

[4] The Agreement is approved, subject to the written undertaking provided by the employer. In accordance with s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2015. The nominal expiry date of the Agreement is 23 November 2017.

COMMISSIONER

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