DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hume Masterpanel Pty Ltd
(AG2020/4133)

HUME MASTERPANEL PTY LTD COLLECTIVE AGREEMENT 2020 FOR MAINTENANCE EMPLOYEES

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 17 FEBRUARY 2021

Application for approval of the Hume Masterpanel Pty Ltd Collective Agreement 2020 for Maintenance Employees.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Hume Masterpanel Pty Ltd (the Applicant) for approval of Hume Masterpanel Pty Ltd Collective Agreement 2020 for Maintenance Employees (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Rohan Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), filed a Form F18 in this matter, advising that the AMWU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 27 January 2021, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 4 February 2021. The AMWU and employee bargaining representatives were provided with copies of the response and proposed undertakings.

[4] The matter was listed for eHearing on 12 February 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[5] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] Subject to the matters raised at paragraphs [2]-[5], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] In accordance with s.201(2), I note that the Agreement covers the AMWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 18 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Hume Masterpanel Pty Ltd was the applicant seeking approval of the Hume Masterpanel Pty Ltd Collective Agreement 2020 for Maintenance Employees. The application was brought before the Fair Work Commission, where the respondent opposed the approval. The dispute centred on the terms and conditions set forth in the proposed collective agreement and whether they met the requirements of Australian labour law.

The legal issues for determination involved whether the proposed collective agreement satisfied the criteria set out in the Fair Work Act 2009. Specifically, the court needed to examine whether the agreement was made in good faith, the extent to which it covered the necessary employees, and whether it adhered to the provisions concerning minimum rates of pay and other employment conditions. Furthermore, the court had to assess whether the agreement was in the best interest of the employees and whether it complied with the good faith obligations imposed on the parties involved.

The Commission evaluated the arguments presented by both parties, taking into account the statutory requirements and the principles of good faith bargaining. The court found that the proposed agreement met the necessary criteria, including good faith, coverage, and compliance with minimum standards. The Commission approved the collective agreement, noting that it provided for fair and reasonable terms and conditions for the maintenance employees. The decision highlighted the importance of adhering to the legal framework governing collective agreements in Australia.

Hume Masterpanel Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established