[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Limited is a case involving an application for the approval of a collective agreement concerning concrete cartage workers in South East Queensland and Northern Rivers, New South Wales. The application was made to the Fair Work Commission, which is responsible for overseeing and regulating workplace relations in Australia. The primary focus of the case was to determine whether the proposed collective agreement met the necessary legal requirements and standards.

The legal issues that the court had to address included whether the agreement provided fair and reasonable terms for the employees and whether it complied with the relevant sections of the Fair Work Act 2009. The court had to examine the specific provisions of the agreement, such as wages, working hours, leave entitlements, and other employment conditions, to ensure they aligned with the statutory protections and industry standards. Additionally, the court assessed whether the agreement was negotiated in good faith and whether it addressed any potential disputes that could arise during its term.

In reaching its decision, the Fair Work Commission considered the arguments presented by both Hymix Australia and the union representatives. The court found that the proposed collective agreement provided fair and reasonable terms for the employees, as it included provisions that were consistent with industry benchmarks and provided for appropriate dispute resolution mechanisms. The Commission determined that the agreement met all the necessary legal requirements and standards, and therefore, it approved the application for the collective agreement's registration. Consequently, the agreement was officially recognised as a legally binding document governing the employment conditions for concrete cartage workers in the specified regions.

The Fair Work Commission's final order was to approve the Hymix Australia Pty Ltd Concrete Cartage Union Collective Agreement 2015-2017 for South East Queensland and Northern Rivers, New South Wales. This decision ensures that the agreement will be enforceable and provides a framework for the employment terms and conditions for the workers covered by the agreement.

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