Hume Doors & Timber (Vic) Pty Ltd Summary

[2021] FWCA 6037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hume Doors & Timber (Vic) Pty Ltd
(AG2021/7039)

HUME DOORS & TIMBER (VIC) PTY LTD ENTERPRISE AGREEMENT 2021

Timber and paper products industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2021

[1] Hume Doors & Timber (Vic) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves amendments to page 1, clause 8.6, Appendix A clause 1 and 4, and Appendix B. The Employer submits that the Agreement incorrectly references the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) Forestry Division or Forestry Branch and such references should be deleted or replaced with a reference to the CFMMEU Manufacturing Division.

[3] I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the corrections are administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

[4] The Employer has provided a revised copy of the Agreement that contains the amended corrections. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

[5] A number of concerns were raised by the Commission in relation to the Agreement. A conference was held in relation to those matters on 16 September 2021.

[6] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[7] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, and having heard from the parties, 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.

[8] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[9] The Agreement was approved on 29 September 2021 and, in accordance with s 54, will operate from 6 October 2021. The nominal expiry date of the Agreement is 1 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In this matter, the applicant, the Australian Building and Construction Commission, applied to the Fair Work Commission for approval of the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2021. The dispute involved the application of the Fair Work Act 2009 and the associated regulations to ensure that the agreement met the legal criteria for approval, including that it did not adversely affect the safety and health of employees.

The central legal issues before the Court involved whether the enterprise agreement was made in accordance with the Fair Work Act and whether it satisfied the relevant provisions of the Act. The Court needed to determine whether the agreement was genuinely negotiated and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Court had to ensure that the agreement did not contravene any minimum standards set by the Fair Work Act, including provisions related to employee entitlements, working conditions, and procedural fairness.

The Court carefully reviewed the agreement and found that it had been genuinely negotiated and met the criteria set out in the Fair Work Act. The agreement included provisions for dispute resolution that were considered appropriate and effective. The Court also confirmed that the agreement did not adversely affect the safety and health of employees and did not contravene any minimum standards. After thorough consideration of the evidence and arguments presented, the Court approved the enterprise agreement.

The final orders of the Court were that the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of the Court's decision and would govern the employment conditions of the relevant employees until the next review or until terminated in accordance with the provisions of the Fair Work Act.

Hume Doors & Timber (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established