DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Ltd
(AG2017/6645)

HYMIX AUSTRALIA PTY LTD - BATCHING PLANT AGREEMENT 2017-2020

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 6 APRIL 2018

Application for approval of the Hymix Australia Pty Ltd - Batching Plant Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Ltd - Batching Plant Agreement 2017-2020 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2018. The nominal expiry date of the Agreement is 23 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of Hymix Australia Pty Ltd involved a dispute concerning the approval of a collective agreement. The plaintiff, Hymix Australia, sought approval of the Hymix Australia Pty Ltd - Batching Plant Agreement 2017-2020, which was intended to govern the terms and conditions of employment for employees at the company's batching plant. The defendant, the Fair Work Commission, was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court was tasked with examining the agreement to ensure it complied with the provisions of the Fair Work Act, including whether it covered the appropriate bargaining unit and whether it provided for a fair and reasonable level of employee protection. The court also had to determine whether the agreement had been made in good faith and whether it contained the necessary procedural fairness provisions.

The court found that the agreement met all the necessary criteria for approval. It covered the appropriate bargaining unit and provided for a fair and reasonable level of employee protection. The court was satisfied that the agreement had been made in good faith and contained the necessary procedural fairness provisions. Consequently, the court approved the agreement, and the application was successful.

The court ordered that the Hymix Australia Pty Ltd - Batching Plant Agreement 2017-2020 be approved and registered with the Fair Work Commission. The agreement would now be legally binding on both the employer and the employees, and would govern the terms and conditions of employment for the relevant bargaining unit until the next scheduled review or until otherwise terminated in accordance with the Fair Work Act.

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