Hyne & Son Pty Ltd T/A Hyne Timber Summary

[2013] FWCA 8990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hyne & Son Pty Ltd T/A Hyne Timber
(AG2013/10023)

HYNE TIMBER QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2013

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Hyne Timber Queensland Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hyne Timber Queensland Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

The Agreement is approved. In accordance with s.54(1) it will operate from 25 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Hyne & Son Pty Ltd trading as Hyne Timber, which sought approval of the Hyne Timber Queensland Operations Enterprise Agreement 2013. The applicant aimed to have the agreement recognised under the Fair Work Act 2009, following negotiations with employees. The application was contested by the Australian Building and Construction Commission, which raised concerns about the agreement's compliance with the Act and its potential impact on the employees' rights and conditions.

The primary legal issues before the court included whether the agreement was genuinely negotiated and if it met the requirements of the Fair Work Act. The court had to determine whether the process followed in reaching the agreement was lawful and if the agreement was fair and reasonable in all its terms. A secondary issue was whether the agreement contained provisions that might adversely affect the employees' rights or conditions of employment.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The Commission dismissed the objections raised by the Australian Building and Construction Commission, concluding that the agreement was fair and reasonable. The court held that the negotiation process was compliant with the Act, and the agreement did not contain any provisions that would adversely affect the employees' rights or conditions.

The Fair Work Commission approved the Hyne Timber Queensland Operations Enterprise Agreement 2013, recognising it as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement was fairly and genuinely negotiated and that it met all the requirements of the Act. The court's decision was in favour of Hyne & Son Pty Ltd, allowing the agreement to proceed as a registered enterprise agreement.

Hyne & Son Pty Ltd T/A Hyne Timber

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established