DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hume Masterpanel Pty Ltd
(AG2021/5492)

HUME MASTERPANEL PTY LTD ENTERPRISE AGREEMENT 2021 FOR PRODUCTION EMPLOYEES

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 JULY 2021

Application for approval of the Hume Masterpanel Pty Ltd Enterprise Agreement 2021 for Production Employees.

[1] An application has been made for approval of an enterprise agreement known as the Hume Masterpanel Pty Ltd Enterprise Agreement 2021 for Production Employees (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hume Masterpanel 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. The undertakings are taken to be a term of 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Australian Workers’ 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Hume Masterpanel Pty Ltd applied for approval of the Hume Masterpanel Pty Ltd Enterprise Agreement 2021 for Production Employees. The application was made under section 234 of the Fair Work Act 2009. The Fair Work Commission considered whether the agreement met the requirements of the Act, including that it provided for fair and reasonable terms and conditions, and whether it was appropriately registered.

The legal issues before the Commission included whether the agreement adequately covered the required terms and conditions, if it complied with the provisions of the Fair Work Act, and whether the process for reaching the agreement was fair and reasonable. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees and the employer.

The Commission examined the terms of the agreement, the process by which it was negotiated, and the submissions from both parties. The Commission found that the agreement contained all the required terms and conditions, and that it was appropriately negotiated and registered. The Commission concluded that the agreement was fair and reasonable, and in the best interests of both the employees and the employer. The application for approval was accordingly granted.

The Fair Work Commission approved the Hume Masterpanel Pty Ltd Enterprise Agreement 2021 for Production Employees, effective from 1 January 2021. The agreement was registered on the Register of Approved Agreements, and the parties were directed to give notice of the approval to their employees.

Hume Masterpanel Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established