Hyne & Son Pty Limited trading as Hyne Timber Tumbarumba Sawmill Summary

[2025] FWCA 2157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hyne & Son Pty Limited trading as Hyne Timber Tumbarumba Sawmill

(AG2025/1881)

HYNE TIMBER TUMBARUMBA ENTERPRISE AGREEMENT 2025

Timber and paper products industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 1 JULY 2025

Application for approval of the Hyne Timber Tumbarumba Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Hyne Timber Tumbarumba Enterprise Agreement 2025 (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 trading as Hyne Timber Tumbarumba Sawmill (the Applicant). The Agreement is a single enterprise agreement.

The material filed in support of the application disclosed a discrepancy between the title of the Agreement and the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) which was issued to employees. The discrepancy was a reference to the year 2023 in the NERR as opposed to the present title of the Agreement which refers to the year 2025. The Applicant submitted that this difference was a typographical error and that all other bargaining communications, including the subject line in the email in which the NERR was issued and the body of the covering email itself, referred to the Hyne Timber Tumbarumba Enterprise Agreement 2025. The discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the new model flexibility term in Schedule 1 of the Fair Work (Model Terms) Determination 2025 is be taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES and that this will resolve any potential inconsistencies including in relation to the operation of clause 18 of the Agreement, Personal/Carer’s Leave - Procedure and Rules.

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

The Construction, Forestry and Maritime Employees Union – Manufacturing Division (CFMEU) lodged a Form F18 statutory declaration 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 the Agreement covers the CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2028 (3 years from date of approval).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, the applicant Hyne & Son Pty Limited trading as Hyne Timber Tumbarumba Sawmill sought approval of the Hyne Timber Tumbarumba Enterprise Agreement 2025. The application was made under section 235 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for approval as a modern award or as an agreement that would otherwise be approved under the Act. The agreement in question proposed changes to the terms and conditions of employment for employees of the sawmill, including provisions related to wages, working hours, leave entitlements, and dispute resolution mechanisms.

The legal issues before the Fair Work Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the protection of employee rights and entitlements, whether it was free from coercive conduct, and whether it met the standards prescribed in the Act. The Commission also needed to assess whether the agreement was consistent with the principles of the National Workplace Relations System.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the Hyne Timber Tumbarumba Enterprise Agreement 2025 met the criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, protected employee rights and entitlements, and was free from any coercive conduct. The Commission was satisfied that the agreement was consistent with the principles of the National Workplace Relations System and would provide for the efficient and effective resolution of workplace disputes. Consequently, the Fair Work Commission approved the agreement.

The final orders of the Fair Work Commission were that the Hyne Timber Tumbarumba Enterprise Agreement 2025 be approved as a registered agreement under section 176 of the Fair Work Act. The agreement was to take effect from the date of registration and would be applicable to the employees of Hyne & Son Pty Limited trading as Hyne Timber Tumbarumba Sawmill. The approval of the agreement was subject to the conditions and provisions outlined in the Fair Work Act and the registered agreement itself.

Hyne & Son Pty Limited trading as Hyne Timber Tumbarumba Sawmill

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established