Hymix Australia Pty Ltd

[2024] FWCA 3799

[2024] FWCA 3799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hymix Australia Pty Ltd

(AG2024/3722)

Cement and concrete products
COMMISSIONER THORNTON	ADELAIDE, 30 OCTOBER 2024

Application for approval of the Hymix Australia Pty Limited NSW Metro Concrete Cartage Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Metro Concrete Cartage Enterprise Agreement 2024 (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.

1. The copy of the Agreement filed with the application for approval did not contain a signature page in the terms required by s.185(2) of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended copy of the signature page that met the requirements of the Act and Regulations was later filed. I consider it appropriate in the circumstances to allow the amendment to the Agreement pursuant to s.586(a) of the Act.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided, and clause 2(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 6 November 2024. The nominal expiry date of the Agreement is 30 August 2027.

COMMISSIONER

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ANNEXURE A