DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hume Doors & Timber (Vic) Pty Ltd
(AG2015/4561)

HUME DOORS & TIMBER (VIC) PTY LTD ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER RYAN	MELBOURNE, 21 AUGUST 2015

Application for approval of the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Hume Doors & Timber (Vic) Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given regarding clause 8.9 of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 28 August 2015. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Hume Doors & Timber (Vic) Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2015, which was to cover employees in the furniture manufacturing industry. The application was contested by a union representing some of the employees. The primary dispute centred on the fairness and appropriateness of the proposed terms and conditions outlined in the agreement.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009, including ensuring it was free from coercion, contained no unfair content, and met the procedural requirements. The Commission also needed to consider the balance of the agreement in terms of fairness and the protection of employees' rights and interests.

In delivering its decision, the Commission found that the Enterprise Agreement 2015 was fair and appropriate. It determined that the agreement did not contain any terms that were unfair within the meaning of the Fair Work Act. The Commission also found that the agreement had been made in good faith and without any element of coercion. The procedural fairness was upheld as the necessary consultation and disclosure processes were followed correctly. Consequently, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the registration of the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2015. The agreement was to be registered, effective from the date of the Commission's decision, binding the parties under the terms outlined in the approved document.

Hume Doors & Timber (Vic) 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