Hymix Australia Pty Limited

[2022] FWCA 2573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hymix Australia Pty Limited

(AG2022/2308)

Hymix NSW Country Workshop Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 29 JULY 2022

Application for approval of the Hymix NSW Country Workshop Enterprise Agreement 2022.

Hymix Australia Pty Limited (the Employer) has made an application for the approval of the Hymix NSW Country Workshop Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2022. The nominal expiry date of the Agreement is 18 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hymix Australia Pty Limited applied to the Fair Work Commission for approval of the Hymix NSW Country Workshop Enterprise Agreement 2022. The application was contested by the Transport Workers Union of Australia. The case concerned the proposed terms and conditions of employment for employees within the NSW country workshop of Hymix Australia. The key legal issues before the Commission were whether the proposed agreement provided for the employees' terms and conditions of employment in a manner that complied with the Fair Work Act 2009, including provisions for minimum wages, penalty rates, leave entitlements, and other employment standards.

The Commission examined the provisions of the proposed agreement against the relevant statutory minimum standards. It considered whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific operational context of the NSW country workshop. The Commission also assessed whether the agreement facilitated a productive workplace relationship and avoided unnecessary complexity in the industrial relations framework. After evaluating the submissions and evidence from both parties, the Commission concluded that the proposed agreement met the legal requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions of employment, aligned with the statutory minimum standards, and facilitated a productive workplace relationship.

Accordingly, the Commission approved the Hymix NSW Country Workshop Enterprise Agreement 2022. The parties were directed to take all necessary steps to give effect to the approved agreement, ensuring compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established