DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Limited
(AG2018/6387)

HYMIX AUSTRALIA PTY LIMITED SYDNEY CONCRETE CUSTOMER CENTRE ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER BISSETT	MELBOURNE, 27 FEBRUARY 2019

Application for approval of the Hymix Australia Pty Limited Sydney Concrete Customer Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited Sydney Concrete Customer Centre Enterprise Agreement 2017 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2019. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Hymix Australia Pty Limited, sought approval of an enterprise agreement. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that certain provisions of the agreement were not sufficiently fair and reasonable. The dispute centred on the terms of the proposed Sydney Concrete Customer Centre Enterprise Agreement 2017. The Commission had to determine whether the agreement was fair and reasonable, considering the statutory criteria set out in section 230 of the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act, particularly the criteria for determining whether an enterprise agreement is fair and reasonable. The respondent argued that certain provisions were not fair and reasonable, including those related to the classification of employees and the terms of their employment. The Commission needed to assess whether the provisions met the statutory requirements and if they provided for a fair and reasonable outcome for both parties.

The Commission found that the majority of the provisions in the agreement were fair and reasonable. However, it identified some concerns regarding the classification of employees and the terms of their employment. After considering the submissions and evidence from both parties, the Commission concluded that, while there were some imperfections in the agreement, it was fair and reasonable overall. The Commission approved the enterprise agreement, subject to certain modifications to address the identified concerns.

The Fair Work Commission approved the Sydney Concrete Customer Centre Enterprise Agreement 2017, with modifications to certain provisions related to the classification of employees and the terms of their employment. The modifications were designed to ensure that the agreement met the statutory requirements for fairness and reasonableness. The respondent's objections were largely dismissed, and the agreement was approved as a whole, with the modifications serving to address the specific concerns raised during the hearing.

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