Hyne & Son Pty Ltd T/A Hyne Timber

[2013] FWCA 6760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hyne & Son Pty Ltd T/A Hyne Timber
(AG2013/2417)

HYNE TIMBER TUMBARUMBA ENTERPRISE AGREEMENT 2013

Timber and paper products industry
COMMISSIONER RIORDAN	SYDNEY, 9 SEPTEMBER 2013

Application for approval of the Hyne Timber Tumbarumba Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Hyne Timber Tumbarumba Enterprise Agreement 2013 (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 Ltd trading as Hyne Timber (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining & Energy Union - Forestry, Furnishing, Building Products and Manufacturing Division (the Union)have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 9 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hyne & Son Pty Ltd, trading as Hyne Timber, applied for the approval of the Hyne Timber Tumbarumba Enterprise Agreement 2013. The dispute arose between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The crux of the matter involved the terms and conditions of employment outlined in the proposed agreement, including wages, working hours, and dispute resolution mechanisms.

The legal issues before the court centred on whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms, was free from any improper interference, and whether it was certified by the Australian Building and Construction Commission. The union argued that certain provisions were not fair and reasonable, particularly regarding the classification of employees and the enforcement of working hours.

The Fair Work Commission found that while the majority of the agreement met the statutory requirements, some provisions did not adequately address the fair and reasonable criteria. The court ordered amendments to certain clauses to ensure they complied with the Act. Notably, the commission highlighted the importance of clear and fair classification of employees and the necessity for reasonable working hour arrangements. After revisions were made to the agreement, the Fair Work Commission granted approval.

The final orders included the approval of the amended Hyne Timber Tumbarumba Enterprise Agreement 2013, subject to the conditions that the specified clauses were revised as per the court's directions. The union and the employer were directed to work together to implement the changes and ensure compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established