Application by Hyne & Son Pty Limited T/A Hyne Timber

[2022] FWCA 3435

[2022] FWCA 3435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by Hyne & Son Pty Limited T/A Hyne Timber

(AG2022/3963)

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 7 OCTOBER 2022

Application for approval of the Hyne Timber Tuan and Glulam Enterprise Agreement 2022

1. Hyne & Son Pty Limited T/A Hyne Timber (the Employer) has applied for approval of an enterprise agreement known as the Hyne Timber Tuan and Glulam Enterprise Agreement 2022 (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.

1. I raised my concern with the Employer that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement.  Pursuant to s. 205(2) of the Act, the model consultation term prescribed by Schedule 2.3 to the Regulations is attached to the Agreement taken to be a term of it.     

1. I have taken into consideration the material filed in the Fair Work Commission (the Commission). 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Workers’ Union (AWU), Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU),  being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them.  In accordance with s.201(2) of the Act I note that the Agreement covers the AWU, AMWU, CFMMEU and ETU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2022.  The nominal expiry date of the Agreement is 14 October 2024.

COMMISSIONER

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