DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Limited
(AG2018/296)

HYMIX AUSTRALIA PTY LIMITED NSW COUNTRY CONCRETE CARTAGE ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 22 MAY 2018

Application for approval of the Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Country 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2018. The nominal expiry date of the Agreement is 28 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Hymix Australia Pty Limited, a concrete cartage enterprise, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the NSW Country Concrete Cartage Enterprise Agreement 2017. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement was made in good faith, whether it provided for the proper payment of employees, and whether it was free from coercion, duress, and undue influence. Additionally, the court needed to ensure that the agreement provided for the proper classification of employees and that it was not likely to have an adverse effect on the broader industrial relations system.

The Commission found that the agreement was made in good faith, as evidenced by the extensive negotiations between the parties. The agreement provided for proper payment of employees, ensuring they received fair wages and conditions. The Commission was satisfied that the agreement was free from any undue influence or coercion, as both parties had entered into the agreement voluntarily. Furthermore, the classification of employees in the agreement was deemed appropriate and compliant with the relevant industrial laws. The Commission concluded that the agreement would not have an adverse effect on the broader industrial relations system and approved the Enterprise Agreement.

The Fair Work Commission approved the Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2017, affirming its compliance with the Fair Work Act 2009. The approval of the agreement ensures that employees under the agreement are covered by fair and reasonable terms and conditions of employment.

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