DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Limited
(AG2014/10515)

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

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 15 JANUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited (Metro) Concrete Cartage Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hymix Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] The Agreement contains a consultation term at clause 18. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hymix Australia Pty Limited sought approval of the Metro Concrete Cartage Enterprise Agreement 2014, which was to apply to its employees. The application was made under the Fair Work Act 2009, which empowers the Commission to approve enterprise agreements if certain criteria are met, including that the agreement has been fairly and independently negotiated. The dispute centred on whether the agreement had been fairly and independently negotiated and whether it complied with other statutory requirements.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it met the statutory criteria for approval. Hymix Australia argued that the agreement had been negotiated independently and fairly, while the objectors contended that the negotiation process was flawed and that the agreement did not meet the statutory criteria. The Commission needed to determine whether the negotiation process was free from coercion, undue influence, or other unfair practices and whether the agreement provided for fair terms and conditions of employment.

The Commission examined the evidence presented by both parties regarding the negotiation process and found that the agreement had been fairly and independently negotiated. The Commission was satisfied that the negotiation process was free from any unfair practices and that the agreement met all statutory criteria for approval. Consequently, the Commission approved the agreement, recognising its compliance with the relevant provisions of the Fair Work Act.

The Commission's decision was based on the evidence of the negotiation process and the terms of the agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and met all statutory criteria for approval. The Commission approved the Metro Concrete Cartage Enterprise Agreement 2014, which will now apply to the employees of Hymix Australia Pty Limited.

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