Hymix Australia Pty Limited

[2022] FWCA 2120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hymix Australia Pty Limited

(AG2022/1913)

Hymix Australia Pty Limited Sydney Concrete Batcher Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 JUNE 2022

Application for approval of the Hymix Australia Pty Limited Sydney Concrete Batcher Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited Sydney Concrete Batcher Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Hymix Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Hymix Australia Pty Limited, the Fair Work Commission was tasked with determining the application for approval of the Enterprise Agreement between Hymix Australia Pty Limited and its employees, known as the Sydney Concrete Batcher Enterprise Agreement 2022. This application arose from the negotiation process between the employer and the employees, seeking to formalise the terms and conditions of employment. The dispute centred on the compliance of the proposed agreement with the relevant legislative framework and its fairness to the parties involved.

The primary legal issues before the commission were whether the agreement met the statutory requirements set forth in the Fair Work Act 2009, particularly concerning the process of negotiation and the content of the agreement. Specifically, the commission had to assess if the agreement was made in good faith, if the necessary minimum terms were included, and if the process by which the agreement was negotiated complied with the prescribed standards. Additionally, the commission considered whether the agreement was fair and whether it provided for a proper balance of rights and obligations for both the employer and the employees.

After examining the evidence and submissions from both parties, the commission concluded that the agreement was made in good faith and contained all the required minimum terms. The commission found that the negotiation process was compliant with the legislative requirements and that the agreement itself was fair and balanced. Consequently, the application for approval was granted. The commission's decision was grounded in the comprehensive review of the negotiation records, the terms of the agreement, and the representations made by both the employer and the employees.

The final orders of the commission were that the Sydney Concrete Batcher Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the terms of the agreement will govern the employment conditions between Hymix Australia Pty Limited and its employees, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established