DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hume Masterpanel Pty Ltd
(AG2018/775)

HUME MASTERPANEL PTY LTD ENTERPRISE AGREEMENT 2018 FOR PRODUCTION EMPLOYEES

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2018

Application for approval of the Hume Masterpanel Pty Ltd Enterprise Agreement 2018 for Production Employees.

[1] An application has been made for approval of an enterprise agreement known as the Hume Masterpanel Pty Ltd Enterprise Agreement 2018 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 Applicant 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 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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2018. The nominal expiry date of the Agreement is 13 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hume Masterpanel Pty Ltd was involved in an enterprise agreement negotiation with its employees. The dispute centred around the approval of the Hume Masterpanel Pty Ltd Enterprise Agreement 2018 for production employees, which was submitted for endorsement by the Fair Work Commission (FWC). The central legal issue before the FWC was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the FWC had to assess whether the agreement provided fair and reasonable terms for the employees, including minimum rates of pay, hours of work, and other conditions of employment.

The court focused on the procedural and substantive fairness of the agreement. Procedurally, the FWC considered whether the agreement had been negotiated in good faith and whether the employees had been adequately informed and consulted during the negotiation process. Substantively, the court examined the specific terms of the agreement, including the provisions on pay rates, leave entitlements, and other employment conditions. The FWC also took into account the broader economic context and the bargaining power of the parties.

In reaching its decision, the FWC determined that the agreement had been negotiated in good faith and that the employees had been sufficiently consulted. The court found that the terms of the agreement provided fair and reasonable conditions for the employees. The FWC approved the agreement, highlighting that it balanced the interests of both the employer and the employees, and met the legal requirements for endorsement under the Fair Work Act 2009. The court ordered the approval of the Hume Masterpanel Pty Ltd Enterprise Agreement 2018 for production employees.

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