DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hyne & Son Pty Limited T/A Hyne Timber
(AG2020/4215)

HYNE TIMBER QUEENSLAND ENTERPRISE AGREEMENT

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the Hyne Timber Queensland Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Hyne Timber Queensland 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union 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 10 February 2021. The nominal expiry date of the Agreement is 3 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Hyne & Son Pty Limited, trading as Hyne Timber, which sought approval for its Queensland Enterprise Agreement. The application was heard by the Fair Work Commission, which is the body responsible for resolving employment disputes and facilitating fair work practices in Australia. The nature of the dispute was whether the proposed agreement met the necessary legal standards for approval, ensuring it adhered to the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement contained all the mandatory provisions required by the Fair Work Act, including the minimum entitlements and the proper process for the resolution of disputes. The Commission needed to determine if the agreement was genuinely negotiated and if it complied with the procedural fairness requirements, ensuring that the employees had an opportunity to be involved in the negotiation process.

In reaching its decision, the Commission meticulously reviewed the proposed agreement and the process by which it was negotiated. It found that the agreement included all necessary mandatory terms and was genuinely negotiated between the employer and the employees. The Commission also determined that the process adhered to procedural fairness, providing employees with an adequate opportunity to participate in negotiations. Consequently, the Commission approved the Hyne Timber Queensland Enterprise Agreement, affirming its compliance with the legislative requirements.

The final orders of the Commission were to approve the Hyne Timber Queensland Enterprise Agreement, subject to the terms and conditions outlined in the agreement itself. This decision was made in accordance with the Fair Work Act 2009, ensuring that the agreement was fair and met the necessary legal standards for operation in Queensland.

Hyne & Son Pty Limited T/A Hyne Timber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established