Hymix Australia Pty Limited Summary

[2014] FWCA 18

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Limited
(AG2013/10401)

HYMIX AUSTRALIA PTY LTD MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JANUARY 2014

Application for approval of the Hymix Australia Pty Ltd Maintenance Employees Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Ltd Maintenance Employees Enterprise Agreement 2013 - 2016 (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 Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 9 January 2014. The nominal expiry date of the Agreement is 30 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Limited was the subject of an application to the Fair Work Commission for the approval of the Hymix Australia Pty Ltd Maintenance Employees Enterprise Agreement 2013 - 2016. The application was brought before the Commission by the Australian Manufacturing Workers' Union, as the representative of the maintenance employees of Hymix. The employer, Hymix Australia Pty Limited, contested the application, primarily on the grounds that the agreement contained provisions which were not in accordance with the Fair Work Act 2009. The primary legal issues the Commission was required to decide were whether the agreement met the formal requirements of the Act and whether it contained any provisions that were not consistent with the public interest or the principles of the Fair Work Act. The Commission examined the agreement in detail, considering the provisions regarding wage rates, conditions of employment, and dispute resolution mechanisms. The Commission concluded that the agreement complied with the formal requirements of the Act and that none of the provisions were inconsistent with the public interest or the principles of the Fair Work Act. The application was subsequently approved, allowing the agreement to be registered and enforceable. The decision underscored the importance of ensuring that enterprise agreements align with the statutory framework and do not undermine the rights and protections afforded by the Fair Work Act.

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