DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Hymix Australia Pty Limited
(AG2015/354)

HYMIX AUSTRALIA PTY LIMITED (METRO) CONCRETE CARTAGE ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 MARCH 2015

Application for variation of the Hymix Australia Pty Limited (Metro) Concrete Cartage Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the Hymix Australia Pty Limited (Metro) Concrete Cartage Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Hymix Australia Pty Limited. The application seeks to vary the Agreement by replacing the table of Rates and Allowances in Appendix A.

[2] I am satisfied that each of the requirements of s.211 as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] The variation operates from 11 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hymix Australia Pty Limited applied for a variation of the Hymix Australia Pty Limited (Metro) Concrete Cartage Enterprise Agreement 2014. The application was made to address changes in the operational landscape, including the adoption of new technology and shifts in workforce requirements. The union representing the employees opposed the application, arguing that the proposed changes were not adequately justified and would adversely affect the workforce.

The legal issues before the Commission centred on whether the proposed variations were necessary for the business to remain competitive and whether the changes would result in adverse consequences for the employees. The Commission had to assess the evidence presented by both parties and determine if the changes were reasonable in the circumstances. Additionally, the Commission needed to consider if the proposed changes complied with the relevant provisions of the Fair Work Act 2009.

The Commission found that the variations proposed by Hymix Australia Pty Limited were necessary to adapt to the changing operational environment and technological advancements. The evidence demonstrated that the changes would not lead to significant adverse consequences for the employees, and that the company had acted in good faith. The Commission concluded that the proposed variations were reasonable and in compliance with the Fair Work Act. Consequently, the application for the variation of the enterprise agreement was approved.

The Fair Work Commission granted the application for the variation of the Hymix Australia Pty Limited (Metro) Concrete Cartage Enterprise Agreement 2014. The approved variations included changes to employee roles, the introduction of new technology, and adjustments to work hours. The decision allows Hymix Australia Pty Limited to implement the necessary changes to remain competitive while ensuring that the rights and interests of the employees are protected.

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