DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hume Doors & Timber (Qld) Pty Ltd
(AG2015/4576)

HUME DOORS & TIMBER (QLD) PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2015

Timber and paper products industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 SEPTEMBER 2015

Application for approval of the HUME DOORS & TIMBER (QLD) PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 August 2015 by Hume Doors & Timber (for the approval of a single-enterprise agreement known as the HUME DOORS & TIMBER (QLD) PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2015 (“the Agreement”).

[2] On 26 August 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Hume Doors & Timber (Qld) Pty Ltd applied to the Fair Work Commission for the approval of the Hume Doors & Timber (Qld) Pty Ltd Employee Collective Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who submitted that the agreement did not meet the requirements of section 231 of the Fair Work Act 2009. The CFMEU contended that the agreement failed to address minimum wages and the proper classification of employees, and thus did not comply with the Act.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval and whether it contained provisions that were not in accordance with the principles of the Act. The Commission examined the terms of the agreement to determine if it provided for minimum wages and proper employee classification. The Commission also considered whether the agreement provided for proper consultation between the employer and the employees.

The Commission found that the agreement did not explicitly set out minimum wages or address employee classification. However, the Commission noted that the agreement did provide for proper consultation between the employer and the employees and that the parties had agreed to negotiate in good faith. The Commission also found that the agreement contained provisions that were not in accordance with the principles of the Act, but that these issues could be resolved through negotiation. The Commission approved the agreement subject to the parties resolving these issues through negotiation.

The Commission approved the application for the approval of the Hume Doors & Timber (Qld) Pty Ltd Employee Collective Agreement 2015, subject to the parties resolving certain issues through negotiation. The Commission found that the agreement did not explicitly set out minimum wages or address employee classification, but that these issues could be resolved through negotiation. The Commission also found that the agreement contained provisions that were not in accordance with the principles of the Act, but that these issues could also be resolved through negotiation. The Commission approved the agreement subject to the parties resolving these issues through negotiation.

Hume Doors & Timber (Qld) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established