Hyne & Son Pty Limited T/A Hyne Timber

[2023] FWCA 2183

[2023] FWCA 2183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.222—Enterprise agreement

Hyne & Son Pty Limited T/A Hyne Timber

(AG2023/2206)

HYNE TIMBER TUMBARUMBA ENTERPRISE AGREEMENT

Timber and paper products industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 14 JULY 2023

Application for termination of the Hyne Timber Tumbarumba Enterprise Agreement

1. On 22 June 2023, Hyne & Son Pty Limited applied to terminate the Hyne Timber Tumbarumba Enterprise Agreement (the Agreement) pursuant to section 222 of the Fair Work Act 2009 (Cth) (the Act).

1. The Agreement has a nominal expiry date of 13 October 2023.

Background

1. The Applicant is the sole employer covered by the Agreement. The Agreement covers employees employed at the Tumbarumba site in the roles identified in the wages table in the Agreement.

1. The application was supported by a declaration of Ms Alison Newman, General Manager – People and Culture, dated 21 June 2023.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are covered by the Agreement.

1. The Commission sought the views of the CFMMEU and the CEPU. The CFMMEU have advised that they do not object to the termination of the Agreement. The CEPU expressed no view about the application.

1. The Applicant has simultaneously filed an application to approve a new enterprise agreement which relates to the same cohort of employees (proposed 2023 Agreement). The Applicant seeks to terminate the Agreement so that the proposed 2023 Agreement can be approved by the Commission.

Consideration

1. Ms Newman declares that employees were provided with a Document Pack on 29 and 30 May 2023, outlining the basis for the application and voting information by letter, a copy of the proposed 2023 Agreement and a comparison document between the Agreement and the proposed 2023 Agreement. Copies of these documents were lodged with the application.

1. I am satisfied that the Applicant, before requesting the employees approve the termination of the Agreement, took all reasonable steps to notify the employees of the voting method and time and place at which the vote would occur. Of the 161 employees covered by the Agreement, 143 cast a valid vote and 126 employees voted to approve the termination of the Agreement.

1. I am also satisfied that the Applicant gave the employees a reasonable opportunity to decide whether they wanted to approve the proposed termination. Employees were provided with comparison documents between the Agreement and the proposed 2023 Agreement.

1. I am satisfied that the application was made within 14 days after the termination was agreed to.

1. I am satisfied that the termination was agreed to by the relevant employees, and I am satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination.

1. I am satisfied that the requirements of s.223 of the Act have been met, and in all the circumstances, I consider that it is appropriate to terminate the Agreement.

1. The Agreement is terminated effective midnight 20 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513403  PR764262>