Hyne & Son Pty Limited T/A Hyne Timber

[2021] FWCA 6158

[2021] FWCA 6158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hyne & Son Pty Limited T/A Hyne Timber
(AG2021/7433)

HYNE TIMBER TUMBARUMBA ENTERPRISE AGREEMENT

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 7 OCTOBER 2021

Application for approval of the Hyne Timber Tumbarumba Enterprise Agreement

[1] An application has been made for approval of an enterprise agreement known as the Hyne Timber Tumbarumba Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hyne & Son Pty Limited T/A Hyne Timber. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Maritime, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 14 October 2021. The nominal expiry date of the Agreement is 13 October 2023.

COMMISSIONER

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Annexure A