DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Limited
(AG2019/275)

HYMIX NSW COUNTRY WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 9 MAY 2019

Application for approval of the Hymix NSW Country Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hymix NSW Country Workshop Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hymix Australia Pty Limited. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 18 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Hymix Australia Pty Limited, the Full Bench of the Fair Work Commission was asked to consider the approval of the Hymix NSW Country Workshop Enterprise Agreement 2018. The application for approval was brought by Hymix Australia, the employer, and opposed by the Transport Workers Union of Australia, the employee representative. The central issue revolved around whether the agreement complied with the statutory requirements under the Fair Work Act 2009, particularly concerning the process and fairness of the agreement's making.

The court examined the procedures followed during the negotiation of the agreement and whether they met the standards for "independent" and "good faith" bargaining. The Transport Workers Union argued that the negotiation process was not genuinely independent and that the agreement did not fairly reflect the interests of the employees. Hymix Australia contended that the process was fair and that the agreement was made in good faith, meeting all legislative requirements.

The Full Bench found that the negotiation process was indeed independent and conducted in good faith. It highlighted that the agreement was the result of genuine bargaining between the parties and that it contained provisions that adequately reflected the interests of the employees. The court concluded that the agreement complied with all statutory requirements and approved the enterprise agreement. Consequently, the application for approval was successful, and the agreement was approved as meeting the necessary standards under the Fair Work Act.

Hymix Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established