Hymix Australia Pty Limited Summary

[2022] FWCA 3168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hymix Australia Pty Limited

(AG2022/3726)

Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 SEPTEMBER 2022

Application for approval of the Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2022

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 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 September 2022. The nominal expiry date of the Agreement is 3 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hymix Australia Pty Limited sought approval of an enterprise agreement. The agreement pertained to the NSW Country Concrete Batch Plant Enterprise and was proposed for the year 2022. The applicant aimed to establish terms and conditions for employees working in the concrete batching plant sector. The Commission was tasked with assessing whether the agreement complied with the necessary legal standards and whether it was fair and reasonable for the parties involved.

The primary legal issue before the Commission was whether the proposed agreement met the requirements set out in the Fair Work Act 2009. This included examining if the agreement was certified as "no disadvantage" by an independent certifier and whether it adhered to the procedural requirements for enterprise agreements. The Commission also needed to determine if the agreement was fair and reasonable, considering the interests of both employers and employees.

The Fair Work Commission found that the proposed agreement had been appropriately certified as "no disadvantage" and was compliant with the procedural requirements under the Fair Work Act 2009. The Commission noted that the agreement addressed key terms and conditions of employment, including wages, hours of work, and other employment-related matters. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and employees. Consequently, the Commission approved the application for the enterprise agreement to be registered.

The Fair Work Commission approved the application for the Hymix Australia Pty Limited NSW Country Concrete Batch Plant Enterprise Agreement 2022 to be registered. This decision was made based on the agreement being certified as "no disadvantage," its compliance with legal standards, and its fairness and reasonableness for both parties involved.

Hymix Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established