Hymix Australia Pty Ltd T/A Hymix Australia Pty Ltd

[2024] FWCA 1917

[2024] FWCA 1917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hymix Australia Pty Ltd T/A Hymix Australia Pty Ltd

(AG2024/1483)

HYMIX AUSTRALIA PTY LIMITED NSW COUNTRY CONCRETE CARTAGE ENTERPRISE AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 MAY 2024

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

1. Hymix Australia Pty Ltd T/A Hymix Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Hymix Australia Pty Limited NSW Country Concrete Cartage Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. 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.

1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Applicant has opted to rely on the National Employment Standards (NES) precedence clause at clause 2 of the Agreement to address the following issue:

(a)Clause 8.6 of the Agreement states that an employee may be required to work a public holiday, however it does not provide that an employee may refuse to work a public holiday where the request by the employer is unreasonable, or the refusal is reasonable, as per s.114(3) of the Act.

1. The signature clause of the Agreement was not in compliance with reg 2.06A of the Fair Work Regulations 2009. Therefore, the Applicant was permitted, pursuant to s 586 of the Act, to provide an amended copy of the signature page that was legislatively compliant.

1. The Transport Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 27 May 2024 and, in accordance with s 54, will operate from 3 June 2024.  The nominal expiry date of the Agreement is 1 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE524767  PR775341>

Annexure A