Hymix Australia Pty Limited Summary

[2014] FWCA 7265

FAIR WORK COMMISSION

DECISION

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

Hymix Australia Pty Limited
(AG2014/7504)

HYMIX AUSTRALIA PTY LIMITED NSW TECHNICAL SERVICE STAFF AND FIELD TESTER'S ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 15 OCTOBER 2014

Application for approval of the Hymix Australia Pty Limited NSW Technical Service Staff and Field Tester's Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Technical Service Staff and Field Tester’s Enterprise Agreement 2014 (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 Limited (the Applicant). The agreement is single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of the decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Limited sought approval of their NSW Technical Service Staff and Field Tester's Enterprise Agreement 2014 before the Fair Work Commission. The company argued that the agreement adequately protected the interests of its employees while allowing for efficient business operations. The union representing the employees contested the approval, asserting that the agreement failed to provide fair terms and conditions of employment. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, genuine agreement, and the best interests of the employees.

The legal issues before the Commission involved assessing whether the agreement had been genuinely agreed upon by the parties, if the agreement met the procedural fairness requirements, and if the agreement was in the best interests of the employees. The union argued that the agreement had not been genuinely agreed upon as the company had not genuinely bargained with the union. The union further argued that the agreement did not meet the procedural fairness requirements as the employees had not been adequately consulted. The company, on the other hand, maintained that the agreement had been genuinely negotiated and met all the requirements of the Act.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the procedural fairness requirements. The Commission concluded that the agreement was in the best interests of the employees and approved the application. The Commission found that the company had genuinely bargained with the union and that the employees had been adequately consulted. The Commission also found that the agreement provided fair and reasonable terms and conditions of employment for the employees. The union's objections were dismissed, and the agreement was approved.

Hymix Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established