Hymix Australia Pty Limited Summary

[2022] FWCA 1891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hymix Australia Pty Limited

(AG2022/1701)

Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2021

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 JUNE 2022

Application for approval of the Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 June 2022. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hymix Australia Pty Limited, applied for the approval of the proposed NSW Country Concrete Cartage Enterprise Agreement 2021. The respondent, the Concrete Cartage Drivers Union of NSW, contested the application on several grounds, including concerns about the agreement's impact on employee conditions and compliance with statutory requirements.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and met the criteria for being a "better off overall" agreement. The Commission needed to assess if the agreement provided fair and reasonable terms and conditions of employment and if it was appropriately negotiated.

The Commission examined the evidence presented by both parties and considered the provisions of the Fair Work Act. It found that the proposed agreement was negotiated in good faith and met the statutory requirements for a "better off overall" agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of both employees and the employer. The Commission also determined that the agreement was not likely to have a detrimental effect on the employees' overall conditions of employment.

As a result, the Commission approved the proposed NSW Country Concrete Cartage Enterprise Agreement 2021, effective from the date of the decision. This decision ensures that the agreement will be binding on all parties and provides a framework for fair and reasonable employment conditions within the industry.

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