Hymix Australia Pty Ltd Summary

[2014] FWCA 7023

FAIR WORK COMMISSION

DECISION

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

Hymix Australia Pty Ltd
(AG2014/7132)

HYMIX AUSTRALIA PTY LIMITED SYDNEY CONCRETE BATCHER/DESPATCHER ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 7 OCTOBER 2014

Application for approval of the Hymix Australia Pty Limited Sydney Concrete Batcher/Despatcher Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Hymix Australia Pty Limited Sydney Concrete Batcher/Despatcher 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 Ltd (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 have been met.

[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 of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hymix Australia Pty Ltd, sought approval for the Sydney Concrete Batcher/Despatcher Enterprise Agreement 2014 from the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009, as the applicant and the relevant unions could not reach an agreement on the terms of the proposed enterprise agreement. The dispute centred on the terms and conditions of employment for concrete batcher/despatchers in the Sydney metropolitan area.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for the employees involved. The applicant argued that the agreement was fair and reasonable, while the unions contended that certain provisions were unfair and did not adequately protect the employees' interests.

The Commission found that the proposed agreement was fair and reasonable overall. It took into account the economic circumstances, the need for flexibility in the industry, and the interests of both the employer and the employees. While some provisions were contentious, the Commission concluded that they were not unfair or unreasonable. The Commission approved the application for the agreement to be registered, ensuring that the terms and conditions of employment for concrete batcher/despatchers in the Sydney metropolitan area were governed by the agreement.

The Fair Work Commission approved the Sydney Concrete Batcher/Despatcher Enterprise Agreement 2014, setting out the terms and conditions of employment for concrete batcher/despatchers in the Sydney metropolitan area. This decision provided clarity and certainty for both the employer and the employees involved in the industry.

Hymix Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established