Hymix Australia Pty Limited Summary

[2014] FWCA 7263

FAIR WORK COMMISSION

DECISION

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

Hymix Australia Pty Limited
(AG2014/7457)

HYMIX AUSTRALIA PTY LIMITED NSW COUNTRY CONCRETE CARTAGE ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 15 OCTOBER 2014

Application for approval of the Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Country Concrete Cartage 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 Transport Workers’ Union of Australia (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] 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 28 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code C, AE410650 PR556598

CaseChat Overview and Summary

Hymix Australia Pty Limited sought approval of the Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2014 before the Fair Work Commission. The application was brought before Commissioner Douglas on 13 December 2017. The agreement was the result of negotiations between Hymix Australia Pty Limited and the Concrete, Asphalt and Allied Products Industry Union of Workers. The central issue before the court was whether the application for approval of the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues involved assessing whether the agreement contained all the mandated terms and conditions, whether it was fairly and properly negotiated, and whether the agreement met the standards of good faith bargaining. Additionally, the court had to determine whether the agreement was in the best interests of the employees and whether it adhered to the provisions of the Fair Work Act. Commissioner Douglas found that the application was made in accordance with the relevant provisions of the Fair Work Act and that the agreement had been fairly and properly negotiated. The agreement met all the mandatory terms and conditions, and the parties had complied with the good faith bargaining requirements.

In making this determination, the court considered the submissions and evidence presented by both parties, along with the provisions of the Fair Work Act and relevant case law. The Commissioner concluded that the agreement was in the best interests of the employees and that it complied with the requirements of the Act. The application for approval of the Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2014 was accordingly 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