DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Limited
(AG2018/1673)

HYMIX AUSTRALIA PTY LIMITED (METRO) CONCRETE CARTAGE ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 AUGUST 2018

Application for approval of the Hymix Australia Pty Limited (Metro) Concrete Cartage Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited (Metro) Concrete Cartage 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hymix Australia Pty Limited contested the application for approval of the Metro Concrete Cartage Enterprise Agreement 2017. The dispute involved the proposed agreement's implications for employees in the concrete cartage industry, specifically focusing on terms concerning wages, working conditions, and dispute resolution mechanisms.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement provided for fair and reasonable terms, did not undermine existing awards, and was made in good faith. The Commission also had to determine whether the agreement met the procedural requirements for approval, including proper consultation and the provision of necessary information to employees.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that the process for its creation had been conducted in good faith. The Commission was satisfied that the agreement adequately covered the necessary aspects of employment, including wages, working conditions, and dispute resolution processes. Additionally, the Commission found that the procedural requirements had been met, including proper consultation and the provision of necessary information to employees.

The Fair Work Commission approved the Metro Concrete Cartage Enterprise Agreement 2017, subject to the terms set out in the decision. The approval was contingent on the agreement being registered with the Fair Work Commission, and it came into effect on the date of the decision.

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