DECISION

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

Hymix Australia Pty Limited
(AG2015/671)

HYMIX AUSTRALIA PTY LTD - BATCHING PLANT AGREEMENT 2015-2017

Cement and concrete products
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 APRIL 2015

Application for approval of the Hymix Australia Pty Ltd - Batching Plant Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Ltd - Batching Plant Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from [insert date)]. The nominal expiry date of the Agreement is

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Hymix Australia Pty Limited, the Federal Circuit and Family Court of Australia was called upon to assess the approval of the Hymix Australia Pty Ltd - Batching Plant Agreement 2015-2017. The matter involved a dispute between the employer, Hymix Australia Pty Limited, and the employees represented by the Building and Construction Trades Union. The primary issue at hand was whether the proposed agreement, which aimed to regulate the terms and conditions of employment for certain workers at the company's batching plant, met the necessary statutory requirements for approval.

The legal issues the court needed to address were twofold. Firstly, whether the agreement provided adequate protection for employees' working conditions, entitlements, and benefits. Secondly, the court had to determine if the agreement adhered to the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved examining the agreement's provisions on wages, hours of work, leave, and other relevant matters to ensure compliance with the legislative framework.

The court carefully considered the provisions of the proposed agreement and found that it met the necessary statutory requirements for approval. The agreement was deemed to provide appropriate protection for the employees' working conditions, entitlements, and benefits, and was consistent with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Consequently, the court approved the agreement, allowing it to take effect as intended.

The court's decision was based on a comprehensive analysis of the agreement's provisions and their alignment with the statutory requirements. The court's approval of the agreement ensures that the employees at Hymix Australia Pty Limited's batching plant will benefit from the agreed-upon terms and conditions, while also upholding the principles of the Fair Work Act 2009 and the Fair Work Regulations 2009.

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