Hume Doors & Timber (Qld) Pty Ltd

[2023] FWCA 2994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hume Doors & Timber (Qld) Pty Ltd

(AG2023/2885)

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

Timber and paper products industry
COMMISSIONER DURHAM	BRISBANE, 15 SEPTEMBER 2023

Application for approval of the Hume Doors & Timber (QLD) Pty Ltd Enterprise Agreement 2023

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

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Hume Doors & Timber (QLD) Pty Ltd Enterprise Agreement 2023. The applicant, Hume Doors & Timber (QLD) Pty Ltd, sought approval of the enterprise agreement from the Fair Work Commission. The application was brought under section 231 of the Fair Work Act 2009, which empowers the Commission to approve enterprise agreements if certain criteria are met. The nature of the dispute centred around whether the agreement met all the necessary requirements for approval under the Act.

The key legal issues before the Commission were whether the agreement provided for a fair and efficient bargaining process, whether it contained appropriate mechanisms for dispute resolution, and whether it adequately protected the rights of employees. Additionally, the Commission had to assess whether the agreement contained terms that were not reasonably capable of being characterised as a term of the agreement or whether they were contrary to public policy.

The Fair Work Commission found that the enterprise agreement was fair and efficient, providing appropriate mechanisms for dispute resolution and protecting the rights of employees. The Commission was satisfied that the agreement contained terms that were reasonably capable of being characterised as a term of the agreement and did not contravene public policy. The Commission approved the enterprise agreement under section 173 of the Fair Work Act 2009. The approval was based on the comprehensive nature of the agreement, which included provisions for wages, hours of work, and other terms and conditions of employment.

The Fair Work Commission approved the Hume Doors & Timber (QLD) Pty Ltd Enterprise Agreement 2023. The approval was granted on the basis that the agreement met all the necessary requirements for approval under the Fair Work Act 2009. The agreement was deemed to be fair and efficient, with appropriate mechanisms for dispute resolution and adequate protection for employees' rights. The Commission's decision was based on a thorough assessment of the agreement's terms and their alignment with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established