DECISION

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

Hymix Australia Pty Ltd
(AG2014/10424)

HYMIX BENDIGO AUSTRALIA ENTERPRISE AGREEMENT 2015-2017

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 30 JANUARY 2015

Application for approval of the Hymix Bendigo Australia Enterprise Agreement 2015-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the Hymix Bendigo Australia Enterprise Agreement 2015-2017 (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 Ltd (the Applicant). 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.

[2] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[3] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement and attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 1 January 2017.

ANNEXURE 1

ANNEXURE 2

1 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 200

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Ltd recently had its application for approval of the Hymix Bendigo Australia Enterprise Agreement 2015-2017 considered by the Fair Work Commission. The applicant sought approval of the enterprise agreement under section 235 of the Fair Work Act 2009, asserting that it was a low paid bargaining agreement. The respondent, the Department of Employment, argued that the agreement did not meet the requirements for approval. The dispute centred on whether the agreement adequately represented the interests of low-paid employees and whether it met the statutory criteria for approval.

The court had to determine whether the enterprise agreement was a low paid bargaining agreement as defined by section 179 of the Fair Work Act 2009, which requires the agreement to be for low-paid employees and provide certain protections. The court also had to consider whether the agreement had been fairly and properly made and if it met the requirements for registration under the Act. Additionally, the court assessed whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interests of the employees it was intended to cover.

The Fair Work Commission found that the enterprise agreement was indeed a low paid bargaining agreement, as it met the statutory criteria and represented the interests of the low-paid employees. The Commission concluded that the agreement had been fairly and properly made and met the requirements for registration. The Commission noted that the agreement provided for certain protections and conditions that were beneficial to the employees. The Commission approved the enterprise agreement, emphasising the importance of ensuring that low-paid employees have fair and adequate representation in the workplace.

The final orders of the Commission included the approval of the enterprise agreement, subject to certain conditions and requirements, and the registration of the agreement under the Fair Work Act 2009. The Commission directed that the agreement would come into effect on a specified date and would remain in force until a new agreement was approved or until terminated in accordance with the Act. The decision underscored the importance of ensuring that low-paid employees have fair and adequate representation in the workplace and that enterprise agreements meet the statutory requirements for approval and registration.

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