Application by Hy-Tec Industries Pty Ltd for a Variation to the Hy-Tec Industries Pty Ltd – Maxi Concrete Contract Determination [2021] NSWIRComm 1076

Industrial Relations Commission New South Wales Medium Neutral Citation: Application by Hy-Tec Industries Pty Ltd for a Variation to the Hy-Tec Industries Pty Ltd – Maxi Concrete Contract Determination [2021] NSWIRComm 1076 Hearing dates: 5 July 2021 Date of orders: 5 July 2021 Decision date: 30 September 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: Determination varied in the terms sought Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Contract determination – Variation – application to vary Hy-Tec Industries Pty Ltd – Maxi Concrete Contract Determination by replacing the existing Clauses 2.1 and 2.2 with new and revised provisions as contained in Schedule B of the Application filed in IRC 21/180627– application not opposed – Determination varied Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Hy-Tec Industries Pty Ltd Transport Workers Union of New South Wales Representation: J Arndt, Australian Business Lawyers & Advisers (applicant) R Rasmussen, Transport Workers Union of New South Wales (respondent) File Number(s): 2021/180627

decision 1. This matter concerns an application for the variation of the Hy-Tec Industries Pty Ltd – Maxi Concrete Contract Determination (Contract Determination) filed by Hy-Tec Industries Pty Ltd on 16 June 2021. 2. The application was made pursuant to s 320 of the Industrial Relations Act 1996 (NSW) (the Act) and arises out of a dispute heard by the Commission as presently constituted on 2 February 2021 in Matter No IRC 2020/351978. 3. During proceedings in conference on 2 February 2021, the parties advised the Commission that the dispute had been settled subject to agreement on any proposed variation to the Contract Determination. I am satisfied there has been compliance with s 315 of the Act. 4. The matter was listed for hearing on 5 July 2021. Mr J Arndt appeared for Hy-Tec Industries Pty Ltd. Mr R Rasmussen appeared for the Transport Workers Union of New South Wales (TWU). The TWU supported the application. 5. During the hearing, I delivered an extempore decision and determined that the variations sought should be made. Consistent with the requirements of ss 3 and 146 of the Act, I am satisfied that the Contract Determination be varied as set out below in Schedule B under Annexure A to this decision.