DECISION

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

Hume Masterpanel Pty Ltd
(AG2014/10707)

HUME MASTERPANEL PTY LTD ENTERPRISE AGREEMENT 2014 FOR PRODUCTION EMPLOYEES

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 JANUARY 2015

Application for approval of the Hume Masterpanel Pty Ltd Enterprise Agreement 2014 for Production Employees.

[1] An application has been made for approval of an enterprise agreement known as the Hume Masterpanel Pty Ltd Enterprise Agreement 2014 for Production Employees (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 20 January 2015. The nominal expiry date of the Agreement is 25 November 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hume Masterpanel Pty Ltd is the subject of an application to the Fair Work Commission for the approval of an enterprise agreement, specifically the Hume Masterpanel Pty Ltd Enterprise Agreement 2014 for Production Employees. The application was made by the company and the relevant union. The primary dispute centres around the provisions within the agreement that govern various aspects of employment, including wages, working conditions, and other terms and conditions of employment for production employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for proper minimum terms and whether it was made in good faith and without the coercion of any party.

The legal issues before the Commission included whether the agreement contained all the prescribed minimum terms as required by section 233 of the Fair Work Act, and whether it was made in compliance with the good faith bargaining requirements of section 228. Additionally, the Commission had to consider whether the agreement was made without any form of coercion. The arguments presented by both parties focused on the interpretation of specific clauses within the agreement, the adequacy of the terms provided, and the process through which the agreement was negotiated.

The Commission found that the agreement contained all the prescribed minimum terms and was made in accordance with the good faith bargaining provisions. It was also determined that the agreement was not made under any form of coercion. The Commission was satisfied that the process followed in reaching the agreement was fair and transparent, and that the terms agreed upon were reasonable and appropriate. The Commission's decision was based on the evidence provided and the application of relevant statutory provisions. Consequently, the Fair Work Commission approved the Hume Masterpanel Pty Ltd Enterprise Agreement 2014 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