DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hume Masterpanel Pty Ltd
(AG2018/5306)

HUME MASTERPANEL PTY LTD COLLECTIVE AGREEMENT 2017 FOR MAINTENANCE EMPLOYEES

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 25 MARCH 2019

Application for approval of the Hume Masterpanel Pty Ltd Collective Agreement 2017 for Maintenance Employee.

[1] An application has been made for approval of an enterprise agreement known as the Hume Masterpanel Pty Ltd Collective Agreement 2017 for Maintenance Employee (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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2019. The nominal expiry date of the Agreement is 10 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hume Masterpanel Pty Ltd applied to the Fair Work Commission for the approval of the Hume Masterpanel Pty Ltd Collective Agreement 2017 for Maintenance Employee. The applicant is an employer, and the respondent is the union representing the employees. The union had requested the approval of the agreement, which contains terms and conditions for maintenance employees. The application was made under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the criteria for approval, such as being in the public interest, not prejudicing employees' safety and health, and not being contrary to any federal law. The Commission also needed to consider if the agreement complied with the principles of enterprise bargaining and if it provided for genuine consultation and negotiation between the parties.

The Commission found that the terms of the agreement were consistent with the principles of enterprise bargaining and provided for genuine consultation and negotiation. The agreement was in the public interest, did not prejudice employees' safety and health, and did not contravene any federal law. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act and approved the application for the approval of the Hume Masterpanel Pty Ltd Collective Agreement 2017 for Maintenance Employee.

The Fair Work Commission approved the application and granted the approval of the Hume Masterpanel Pty Ltd Collective Agreement 2017 for Maintenance Employee. The approval is effective from the date of the Commission's decision and will apply to all maintenance employees covered by the agreement. The agreement will now be binding on the parties and will regulate the terms and conditions of employment for the employees covered by the agreement. The union and the employer are now bound by the terms of the agreement, and any disputes arising from the agreement will be resolved in accordance with its provisions.

Hume Masterpanel 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