Hymix Australia Pty Ltd

[2021] FWCA 7171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Ltd
(AG2021/8678)

HYMIX AUSTRALIA PTY LIMITED NSW METRO CONCRETE CARTAGE ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 16 DECEMBER 2021

Application for approval of the Hymix Australia Pty Limited NSW Metro Concrete Cartage Enterprise Agreement 2021

[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 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are 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 23 December 2021. The nominal expiry date of the Agreement is 30 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Ltd was the subject of an application for the approval of the NSW Metro Concrete Cartage Enterprise Agreement 2021. The applicant, Hymix Australia, sought approval for the agreement from the Fair Work Commission. The application arose due to concerns about the fairness and effectiveness of the proposed agreement in regulating the employment terms and conditions of employees within the NSW Metro Concrete Cartage industry.

The central legal issues before the court involved the assessment of whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the fairness test outlined in section 233. This included evaluating whether the agreement was free from coercion, undue influence, and whether it appropriately balanced the interests of both employers and employees. Additionally, the court had to determine if the agreement met the procedural requirements set forth by the Fair Work Act, ensuring it was properly negotiated and included provisions that were clear and comprehensive.

In its decision, the Fair Work Commission determined that the proposed agreement met the necessary legal standards for approval. The Commission found that the agreement was free from coercion and undue influence, and it appropriately balanced the interests of both parties. The Commission also concluded that the agreement complied with all procedural requirements, including proper negotiation and clarity of provisions. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the NSW Metro Concrete Cartage Enterprise Agreement 2021, subject to any specific conditions or modifications that might be necessary to ensure compliance with the Fair Work Act. The agreement was set to regulate the employment terms and conditions for employees within the NSW Metro Concrete Cartage industry, providing a framework for fair and effective industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established