Hymix Australia Pty Limited Summary

[2013] FWCA 2217

FAIR WORK COMMISSION

DECISION

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

Hymix Australia Pty Limited
(AG2013/730)

HYMIX AUSTRALIA PTY LTD (NEWCASTLE/CENTRAL COAST) WORKSHOP ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 15 APRIL 2013

Application for approval of the Hymix Australia Pty Ltd (Newcastle/Central Coast) Workshop Enterprise Agreement 2013. .

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Ltd (Newcastle/Central Coast) Workshop Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Hymix Australia Pty Limited (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 18 February 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

“ANNEXURE A”

CaseChat Overview and Summary

Hymix Australia Pty Limited was the subject of a dispute regarding the approval of the Hymix Australia Pty Ltd (Newcastle/Central Coast) Workshop Enterprise Agreement 2013. The matter was heard in the Fair Work Commission (FWC), with the Fair Work Ombudsman acting as the applicant. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was in the public interest, contained minimum terms and conditions, and did not include prohibited content.

The Fair Work Commission undertook a thorough examination of the agreement, considering whether it complied with the statutory requirements. The Commission found that the agreement met the minimum standards outlined in the Fair Work Act, and it was in the public interest to approve it. Furthermore, the agreement did not contain any prohibited content. The Commission concluded that the agreement provided adequate protections for employees while also allowing for reasonable flexibility in the workplace. Given these findings, the Fair Work Commission approved the Hymix Australia Pty Ltd (Newcastle/Central Coast) Workshop Enterprise Agreement 2013.

In summary, the Fair Work Commission approved the agreement as it met the statutory requirements for minimum terms and conditions, was in the public interest, and did not contain any prohibited content. The Commission's decision ensured that employees were adequately protected while allowing for necessary flexibility in the workplace. The final orders of the Fair Work Commission were that the agreement was approved as per the terms outlined in the Fair Work Act 2009.

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