DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hyne & Son Pty Ltd T/A Hyne Timber
(AG2016/8039)

HYNE TIMBER QUEENSLAND OPERATIONS ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 8 MARCH 2017

Application for approval of the Hyne Timber Queensland Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hyne Timber Queensland Operations Enterprise Agreement 2016 (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 T/A Hyne Timber. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ 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.

[4] The Agreement was approved on 8 March 2017 and, in accordance with s.54, will operate from 15 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hyne & Son Pty Ltd trading as Hyne Timber, applied to the Fair Work Commission for the approval of the Hyne Timber Queensland Operations Enterprise Agreement 2016. The application was opposed by the Building and Construction Trades Union of Queensland, which raised concerns about the agreement's impact on the rights and conditions of employees. The dispute centred around the terms of the enterprise agreement and whether it complied with relevant industrial legislation, particularly the Fair Work Act 2009.

The court was required to determine if the agreement was made in good faith, whether it was genuinely a bargain between the parties, and if it complied with the Fair Work Act's requirements for enterprise agreements. The court also had to consider the impact of the agreement on the rights and conditions of employees and whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement was made in good faith, was a genuine bargain between the parties, and complied with the requirements of the Fair Work Act. The court noted that the agreement provided for fair and reasonable terms and conditions for employees, and that it was in their best interests. The court approved the agreement, finding that it met the necessary criteria and would not have an adverse effect on the rights and conditions of employees. The Building and Construction Trades Union of Queensland's opposition was dismissed.

The Fair Work Commission approved the Hyne Timber Queensland Operations Enterprise Agreement 2016, finding it to be a genuine agreement that met the requirements of the Fair Work Act. The court rejected the union's concerns and found that the agreement was in the best interests of the employees it covered. The union's opposition was dismissed, and the agreement was approved for operation.

Hyne & Son Pty Ltd 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