Hume Doors And Timber (Aust) Pty Ltd Summary

[2023] FWCA 2277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hume Doors And Timber (Aust) Pty Ltd

(AG2023/1720)

HUME DOORS & TIMBER (AUST) PTY LTD ENTERPRISE AGREEMENT 2023

Timber and paper products industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 JULY 2023

Application for approval of the Hume Doors and Timber (Aust) Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the Hume Doors and Timber (Aust) Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hume Doors And Timber (Aust) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 20 July 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, 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.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2023. The nominal expiry date of the Agreement is 24 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hume Doors And Timber (Aust) Pty Ltd sought approval for the Enterprise Agreement 2023. The company, a manufacturer of doors and timber products, and its employees, represented by a trade union, entered into an agreement that needed to be approved to ensure compliance with the Fair Work Act 2009. The application was heard by the Commission, which needed to determine whether the agreement met the necessary standards and requirements under the legislation.

The key legal issues before the Commission involved verifying whether the Enterprise Agreement 2023 complied with the statutory provisions outlined in the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was made in good faith, whether it contained all the necessary terms and conditions, and if it provided for the protection of employee rights and entitlements. Furthermore, the Commission examined whether the agreement provided for fair and reasonable terms and conditions, and whether it was made without coercion, undue influence, or discrimination.

Upon reviewing the application and the contents of the Enterprise Agreement 2023, the Commission found that the agreement met all the required standards under the Fair Work Act 2009. The Commission was satisfied that the agreement was made in good faith, contained all necessary terms and conditions, and provided for the fair and reasonable treatment of employees. The agreement was also found to be free from coercion, undue influence, or discrimination. Consequently, the Commission approved the Enterprise Agreement 2023, enabling it to take effect and regulate the employment relationship between Hume Doors And Timber (Aust) Pty Ltd and its employees.

The final orders of the Commission were to approve the Enterprise Agreement 2023, effective from the date of the decision. This approval ensures that the agreement is legally binding on both the company and its employees and provides a framework for the regulation of their employment relationship. The decision also serves as a precedent for future enterprise agreements in the industry, highlighting the importance of compliance with the Fair Work Act 2009 and the need for fair and reasonable terms and conditions in such agreements.

Hume Doors And Timber (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established