Hymix Australia Pty Limited

[2019] FWCA 7825

[2019] FWCA 7825

FAIR WORK COMMISSION

DECISION

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

Hymix Australia Pty Limited
(AG2019/3507)

HYMIX AUSTRALIA PTY LIMITED NSW COUNTRY CONCRETE BATCH PLANT ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT BULL	SYDNEY, 22 NOVEMBER 2019

Application for approval of the Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2019.

[1] An application has been filed by Hymix Australia Pty Limited (the applicant) for the approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Section 2.9 of the employer’s Form F7 indicates that the last day that the Notice of Representational Rights was issued to the covered employees was on 27 August 2019. Section 2.4 of the employer’s Form F7 indicates that the last day that the Notice of Representational Rights was issued to the covered employees was on 3 May 2019. In responses to the Commission’s request to clarify the above inconsistency, the employer stated that they had made an error in section 2.9 of their Form F7 and confirmed that the Notice of Representational Rights was issued to the covered employees on 3 May 2019.

[3] Section 2.5 of the employer’s Form F7 indicates that the covered employees were given a copy of the Agreement but not the Premixed Concrete Award 2010 (The Award). In responses to the Commission raising the above issue with the employer, the employer confirmed that the Award was provided to covered employees electronically.

[4] Following issues being raised with the employer by the Commission, the employer provided an undertaking regarding shift worker’s annual leave entitlements under the Agreement.

[5] A copy of the undertaking is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[6] 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.

[7] The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. Pursuant to s.190(4) of the Act the AWU, along with the other bargaining representatives, were provided with an opportunity to comment on the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 3 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506117  PR714331>