DECISION

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

Hymix Australia Pty Ltd
(AG2014/8329)

HYMIX AUSTRALIA PTY LIMITED NSW COUNTRY CONCRETE BATCH PLANT ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. I note that, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2014. The dispute was between Hymix Australia Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The issue at hand was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for the protection of employees' rights and interests, including minimum wages and conditions.

The central legal issue was whether the agreement provided for fair and reasonable terms for employees, including ensuring they were not disadvantaged compared to the relevant award or safety net awards. The commission needed to assess if the agreement provided for proper dispute resolution mechanisms and if it complied with procedural fairness, such as ensuring employees had an adequate opportunity to review and discuss the agreement before it was finalised.

The Fair Work Commission found that the agreement satisfied the criteria for approval. It concluded that the agreement provided for fair and reasonable terms and conditions, including protections that were not less favourable than the minimum standards set by the relevant award. The commission was satisfied with the dispute resolution mechanisms and noted that the bargaining process had been conducted in a manner that was procedurally fair. The agreement was approved, reflecting the commission's view that it met all legislative requirements and provided for the protection of employees' rights and interests.

HYMIX AUSTRALIA PTY LIMITED NSW COUNTRY CONCRETE BATCH PLANT ENTERPRISE AGREEMENT 2014

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established