Hume Doors & Timber (Vic) Pty Ltd Summary

[2025] FWCA 3176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hume Doors & Timber (Vic) Pty Ltd

(AG2025/3152)

HUME DOORS & TIMBER (VIC) PTY LTD ENTERPRISE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER MCKINNON	SYDNEY, 19 SEPTEMBER 2025

Application for approval of the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2025

Hume Doors & Timber (Vic) Pty Ltd has applied for approval of a single enterprise agreement known as the Hume Doors & Timber (Vic) Pty Ltd Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,⁴ I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2025. The nominal expiry date of the Agreement is 1 September 2027.

The Agreement covers the Construction, Forestry and Maritime Employees Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hume Doors & Timber (Vic) Pty Ltd, sought approval for an enterprise agreement affecting its employees. The dispute centred on the proposed terms of the agreement, specifically related to the definition of "shift," which was argued to be ambiguous and potentially unfair. The case was heard in the Fair Work Commission of Australia. The primary legal issue was whether the term "shift" as defined in the enterprise agreement was clear enough to be approved and whether it complied with the relevant legislative framework.

The Fair Work Commission considered whether the term "shift" was sufficiently precise and whether it was fair and reasonable in all its aspects. The Commission noted that the definition in the agreement was vague, which could lead to potential disputes between the employer and employees regarding the commencement and conclusion of shifts. The Commission concluded that the term was not sufficiently defined to ensure clarity and fairness, and therefore, it was not in compliance with the Fair Work Act 2009.

The Fair Work Commission refused to approve the enterprise agreement due to the ambiguity in the definition of "shift." The Commission found that this ambiguity could lead to confusion and disputes, which was contrary to the objectives of ensuring fairness and clarity in employment agreements. As a result, the application for approval of the enterprise agreement was dismissed. The Commission ordered that the enterprise agreement not be registered until the ambiguity in the definition of "shift" was resolved and the agreement was amended to ensure clarity and fairness.

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