DECISION

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

Hymix Australia Pty Ltd T/A Hymix Australia Pty Ltd
(AG2020/4016)

HYMIX AUSTRALIA PTY LTD QUEENSLAND AND NORTHERN RIVERS DRIVERS AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 FEBRUARY 2021

Application for approval of the Hymix Australia Pty Ltd Queensland and Northern Rivers Drivers Agreement 2020.

[1] Hymix Australia Pty Ltd T/A Hymix Australia Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Hymix Australia Pty Ltd Queensland And Northern Rivers Drivers Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[5] The Transport Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers this organisation.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 25 February 2021. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this case are Hymix Australia Pty Ltd, trading as Hymix Australia Pty Ltd, and various drivers employed by the company. The dispute arose concerning the application for approval of the Hymix Australia Pty Ltd Queensland and Northern Rivers Drivers Agreement 2020. The matter was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the bargaining process and the provisions concerning driver remuneration and conditions. The Commission had to determine if the agreement was genuinely negotiated and if it met the standards of good faith bargaining.

The Fair Work Commission examined the evidence presented regarding the negotiation process of the agreement. It assessed whether the employer had engaged in genuine bargaining with the drivers' representatives and whether the agreement reflected a fair and reasonable outcome. The Commission also scrutinized the provisions of the agreement to ensure they adhered to the relevant legislative standards. After considering the submissions from both parties and the evidence provided, the Commission concluded that the agreement was the product of genuine bargaining and met the requirements of the Fair Work Act. The provisions of the agreement were found to be fair and reasonable, thus warranting approval.

In light of the findings, the Fair Work Commission approved the Hymix Australia Pty Ltd Queensland and Northern Rivers Drivers Agreement 2020. The decision was based on the evidence of genuine negotiation and the fairness of the agreement's provisions. The Commission determined that the agreement should be registered under the Fair Work Act, making it a legally binding enterprise agreement. This approval ensures that the drivers' terms and conditions of employment are governed by the agreed terms, providing a stable and fair working environment.

Hymix Australia Pty Ltd T/A 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