Hume Masterpanel Pty Ltd

[2025] FWCA 2811

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hume Masterpanel Pty Ltd

(AG2025/1715)

HUME MASTERPANEL PTY LTD COLLECTIVE AGREEMENT 2025 FOR MAINTENANCE EMPLOYEES

Manufacturing and associated industries
DEPUTY PRESIDENT BUTLER	BRISBANE, 22 AUGUST 2025

Application for approval of the Hume Masterpanel Pty Ltd Collective Agreement 2025 for Maintenance Employees

Hume Masterpanel Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Hume Masterpanel Pty Ltd Collective Agreement 2025 for Maintenance Employees (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

This Application

A party’s application for the Commission’s approval of an enterprise agreement must be accompanied by a signed copy of that agreement.[1] A copy of an enterprise agreement is a signed copy only if it is signed by the employer covered by the agreement and at least 1 representative of the employees covered by the agreement, and it includes each signatory’s full name and address, and an explanation of their authority to sign.[2]

It is arguable that the Agreement has not been signed as required under subsection 185(2)(a) of the Fair Work Act when read with Regulation 2.06A of the Fair Work Regulations 2009 (Cth) (“the Regulations”), because the signatories have not stated their addresses in full (i.e. with their state and/or postcode).

In an abundance of caution, and to the extent necessary to do so: I exercise the power in section 586 of the Fair Work Act,[3] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the signatories’ failure to provide their state or postcode.

Pre-approval requirements

The Notice of Employee Representational Rights appears to have been given in an outdated version of the prescribed form. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

Terms of the Agreement

The Agreement does not contain a delegates’ rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The National Employment Standards

Noting clause 1.9 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

Conclusion

In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 April 2028.

DEPUTY PRESIDENT

[1] Fair Work Act 2009 s 185(2)(a).

[2] Fair Work Act 2009 s 185(5) and Fair Work Regulations 2009 (Cth) r 2.06A.

[3] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.)[2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd[2019] FWCFB 1717, [40]-[46].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hume Masterpanel Pty Ltd applied for approval of the Hume Masterpanel Pty Ltd Collective Agreement 2025 for Maintenance Employees. The dispute arose as the company sought to formalise terms and conditions of employment for its maintenance workforce, aiming to have these terms recognised under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval, including fairness and compliance with the relevant legislative framework.

The central legal issues for the Commission to decide were whether the collective agreement provided fair and reasonable terms of employment and whether it complied with the requirements of the Fair Work Act 2009. Specific focus was given to provisions concerning wages, working hours, leave entitlements, and dispute resolution mechanisms, ensuring they adhered to the principles of procedural fairness and substantive fairness. Additionally, the Commission examined if the agreement was genuinely negotiated between the parties and if it provided for the appropriate minimum standards set by the Act.

The Commission considered the evidence presented by both parties, including submissions on the fairness and reasonableness of the agreement. It noted the negotiation process and the agreement's alignment with industrial benchmarks and minimum standards. The Commission found that the agreement was fair and reasonable, met the necessary legislative requirements, and appropriately addressed the needs of both the employer and the employees. Consequently, the Commission approved the agreement, ensuring that the terms and conditions established would provide a balanced and fair framework for the maintenance employees at Hume Masterpanel Pty Ltd.

The Fair Work Commission approved the Hume Masterpanel Pty Ltd Collective Agreement 2025 for Maintenance Employees, recognising it as a fair and reasonable agreement under the Fair Work Act 2009. The decision affirmed the agreement's compliance with all statutory requirements, ensuring the terms provided a balanced approach to the needs of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established