DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Ltd T/A Hymix
(AG2018/950)

HYMIX BENDIGO AUSTRALIA ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2018

Application for approval of the Hymix Bendigo Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Bendigo Australia Enterprise Agreement 2017 (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 T/A Hymix. 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 6 September 2018. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hymix Australia Pty Ltd, trading as Hymix, applied for the approval of the Enterprise Agreement 2017. The dispute was between Hymix and the unions representing the employees. The Fair Work Commission (FWC) was the court that heard and decided the case. The main legal issues before the FWC were whether the agreement met the requirements under the Fair Work Act 2009 and whether the process by which the agreement was made complied with the Act.

The FWC examined the process by which the agreement was made, noting that the unions and Hymix had followed the necessary procedures. The FWC also reviewed the terms of the agreement to ensure they complied with the Fair Work Act. The FWC determined that the agreement was made in good faith and that it contained the necessary terms for a valid enterprise agreement. The FWC concluded that the agreement was fair and appropriate for the employees and approved the Enterprise Agreement 2017.

The FWC found that the agreement was made in accordance with the statutory requirements and that it was fair and reasonable for the employees. The FWC approved the Enterprise Agreement 2017 and ordered that it be registered with the Fair Work Commission. The unions and Hymix were directed to take all necessary steps to implement the agreement and ensure that it was properly communicated to the employees. The FWC's decision was final and binding on the parties, and the agreement was approved for operation.

Hymix Australia Pty Ltd T/A Hymix

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established