Hume Masterpanel Pty Ltd T/A Hume Masterpanel Summary

[2023] FWCA 448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hume Masterpanel Pty Ltd T/A Hume Masterpanel

(AG2022/5503)

Hume Masterpanel Pty Ltd Collective Agreement 2022 for Maintenance Employees

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 14 FEBRUARY 2023

Application for approval of the Hume Masterpanel Pty Ltd Collective Agreement 2022 for Maintenance Employees

An application has been made for approval of an enterprise agreement known as the Hume Masterpanel Pty Ltd Collective Agreement 2022 for Maintenance 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 T/A Hume Masterpanel (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hume Masterpanel Pty Ltd, trading as Hume Masterpanel, brought an application for the approval of the Hume Masterpanel Pty Ltd Collective Agreement 2022 for Maintenance Employees, which was contested by the Australian Manufacturing Workers' Union (AMWU). The dispute was heard by the Fair Work Commission, an Australian independent statutory body established under the Fair Work Act 2009. The AMWU argued that the proposed agreement did not meet the 'better off overall test' (BOOT) and questioned certain clauses in the agreement, such as those related to the payment of allowances and the process for resolving disputes.

The primary legal issue before the Commission was whether the proposed collective agreement satisfied the requirements of the Fair Work Act, particularly the BOOT. The Commission needed to determine if the agreement provided employees with terms and conditions that were no worse than those they would have under their existing awards and whether the agreement was made in good faith. Additionally, the Commission had to assess the fairness of specific clauses, including those related to allowances and dispute resolution, to ensure they did not unduly burden the employees.

The Commission examined the evidence presented by both parties and considered the economic and operational context of the agreement. It found that the proposed agreement met the BOOT, as employees would be better off overall with the new terms and conditions, including those related to allowances. The Commission also found that the dispute resolution process was fair and did not impose an undue burden on the employees. Consequently, the Commission approved the application for the collective agreement, recognising it as a valid and enforceable agreement between the parties.

The Fair Work Commission approved the Hume Masterpanel Pty Ltd Collective Agreement 2022 for Maintenance Employees, thereby making it a legally binding agreement between Hume Masterpanel and the AMWU. The Commission's decision confirmed the validity of the agreement, which includes terms and conditions that meet the requirements of the Fair Work Act and provide employees with a better overall package than their existing awards.

Hume Masterpanel Pty Ltd T/A Hume Masterpanel

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established