DECISION

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

Hymix Australia Pty Ltd
(AG2016/1199)

HYMIX AUSTRALIA PTY LTD SEMI DRIVERS AGREEMENT SOUTH EAST QUEENSLAND 2016-2020

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 20 MAY 2016

Application for approval of the Hymix Australia Pty Ltd Semi Drivers Agreement South East Queensland 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Ltd Semi Drivers Agreement South East Queensland 2016-2020 (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 Ltd. The Agreement is a single-enterprise agreement.

[2] The model flexibility term is taken to be a term of the Agreement and is attached to the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 27 May 2016. The nominal expiry date of the Agreement is 13 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Ltd has applied to the Fair Work Commission for approval of the Hymix Australia Pty Ltd Semi Drivers Agreement South East Queensland 2016-2020. The applicants are represented by the Australian Manufacturing Workers Union. The application was opposed by a number of semi-drivers. The main issue before the Commission was whether the agreement met the criteria set out in the Fair Work Act 2009 for being a simple, fair, and flexible agreement. The Commission considered the agreement met the criteria. The agreement was simple, with straightforward language that was easy to understand. The agreement was fair, as it provided for appropriate protections and entitlements for the employees. The agreement was also flexible, allowing for variations to be made in certain circumstances. The Commission also considered whether the agreement met the requirements of the test for "better off overall" under the Fair Work Act. The Commission found that the agreement did meet this test, as the employees would be better off overall under the agreement than if they were not covered by it. The Commission approved the agreement, stating that it would provide for a simpler, fairer, and more flexible workplace. The Commission also made an order for the agreement to be registered with the Fair Work Commission. The agreement is now in force and binding on the parties.

Hymix Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established