DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Ltd T/A Hymix Australia Pty Ltd
(AG2019/1502)

HYMIX AUSTRALIA PTY LTD CONCRETE CARTAGE COLLECTIVE AGREEMENT 2019-2020 SOUTH EAST QUEENSLAND & NORTHERN RIVERS NSW

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 5 JUNE 2019

Application for approval of the Hymix Australia Pty Ltd Concrete Cartage Collective Agreement 2019-2020 South East Queensland & Northern Rivers NSW.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Ltd Concrete Cartage Collective Agreement 2019-2020 South East Queensland & Northern Rivers NSW (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Hymix Australia Pty Ltd T/A Hymix Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Transport Workers’ Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2019. The nominal expiry date of the Agreement is 4 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Hymix Australia Pty Ltd, trading as Hymix Australia Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Hymix Australia Pty Ltd Concrete Cartage Collective Agreement 2019-2020 for the South East Queensland and Northern Rivers NSW regions. The applicant sought the Commission's approval of the agreement, which would establish the terms and conditions of employment for concrete cartage workers within the specified regions.

The primary legal issues before the Commission were whether the agreement was fairly and appropriately negotiated, whether it complied with the relevant legislative requirements, and whether it met the standards of good faith bargaining. The Commission also had to consider whether the agreement provided adequate protections for employees and whether it was in the best interests of the workforce. Furthermore, the Commission needed to ensure that the agreement did not unfairly disadvantage any party and that it adhered to the principles of fairness and reasonableness.

The Commission found that the agreement was the result of genuine and effective negotiations between the parties. It was noted that the CFMEU had provided a comprehensive submission supporting the approval of the agreement, which included evidence of the negotiation process and the terms agreed upon. The Commission concluded that the agreement was comprehensive and contained provisions that were fair and reasonable. It satisfied the legislative requirements for approval and provided adequate protections for the employees. The Commission was satisfied that the agreement was in the best interests of the workforce and did not unfairly disadvantage any party. Accordingly, the Commission approved the agreement, subject to certain minor modifications to address technical issues identified during the review process.

The final orders of the Commission were that the Hymix Australia Pty Ltd Concrete Cartage Collective Agreement 2019-2020 for the South East Queensland and Northern Rivers NSW regions be approved, with the aforementioned minor modifications. The Commission directed the parties to make the necessary amendments to the agreement and to notify the Commission of the completion of those amendments within a specified timeframe. The approval of the agreement was contingent upon the parties adhering to the terms and conditions set out in the decision.

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