DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hume Doors & Timber (Vic) Pty Ltd T/A Hume Doors & Timber (Vic) Pty Ltd
(AG2018/5650)

HUME DOORS & TIMBER (VIC) PTY LTD ENTERPRISE AGREEMENT 2018

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2018 (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 (Vic) Pty Ltd T/A Hume Doors & Timber (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hume Doors & Timber (Vic) Pty Ltd sought approval for the Enterprise Agreement 2018, which was entered into with its employees represented by the Australian Manufacturing Workers' Union. The agreement proposed a range of changes to the employees' terms and conditions of employment, which the union had negotiated on behalf of the employees. The union's application for the approval of the agreement was contested by the company, raising concerns primarily about the financial implications of the proposed terms.

The central legal issues before the Commission were whether the agreement was made in good faith, whether it was genuinely bargained for, and whether it met the standards of procedural fairness. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions and whether it was in the best interests of the employees. The company argued that the proposed changes would have a detrimental effect on its business operations and financial viability, and thus, the agreement should not be approved.

The Commission examined the negotiation process and found that the agreement was made in good faith, as both parties engaged in a reasonable process of negotiation. The Commission also concluded that the agreement was genuinely bargained for, as it reflected a genuine compromise between the parties. In terms of procedural fairness, the Commission was satisfied that the union had adequately represented the employees and that the process had been fair. The Commission considered the financial implications raised by the company but determined that the proposed changes were reasonable and fair, taking into account the needs and interests of both the employees and the company. Consequently, the Commission approved the Enterprise Agreement 2018.

The Fair Work Commission approved the Enterprise Agreement 2018, finding it to be fair and reasonable, and in the best interests of the employees. The Commission directed that the agreement be registered with the Fair Work Commission, and it became legally binding on the parties from the date of registration. The company's concerns regarding the financial impact of the agreement were acknowledged, but the Commission determined that the agreement provided for fair and reasonable terms and conditions and was in the best interests of the employees.

Hume Doors & Timber (Vic) Pty Ltd T/A 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