Hyne & Son Pty Ltd Summary

[2024] FWCA 3660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hyne & Son Pty Ltd

(AG2024/3654)

HYNE TIMBER TUAN AND GLULAM ENTERPRISE AGREEMENT 2024

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 OCTOBER 2024

Application for approval of the Hyne Timber Tuan and Glulam Enterprise Agreement 2024

Hyne & Son Pty Ltd has made an application for approval of an enterprise agreement known as the Hyne Timber Tuan and Glulam Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Timber Industry Award 2020 is taken to be a term of the Agreement.

The Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry and Maritime Employees Union (CFMEU), 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 the AMWU, the AWU, the CEPU and the CFMEU.

The Agreement was approved on 22 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Hyne Timber Tuan and Glulam Enterprise Agreement 2024. The applicant, Hyne & Son Pty Ltd, sought the approval of the agreement under the Fair Work Act 2009. The dispute arose from the negotiation process between the employer and the employees' representative, the Australian Manufacturing Workers' Union. The Commission was tasked with determining whether the agreement met the criteria for approval as a simple or low-complexity agreement.

The legal issues before the Commission included whether the agreement was fairly and accurately recorded, whether it was negotiated in good faith, and whether it complied with the relevant provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained appropriate terms and conditions, including pay rates, hours of work, and other employment-related matters. The parties also raised questions about the proper process for negotiation and the fairness of the agreement's terms to both employers and employees.

In rendering its decision, the Commission considered the evidence presented by both parties and reviewed the negotiation process. The Commission found that the agreement was fairly and accurately recorded and that it had been negotiated in good faith. The terms of the agreement were deemed appropriate, with fair compensation and reasonable working conditions. The Commission also confirmed that the negotiation process complied with the statutory requirements and that the agreement was fair and reasonable in all respects. Consequently, the Commission approved the Hyne Timber Tuan and Glulam Enterprise Agreement 2024.

The Fair Work Commission approved the Hyne Timber Tuan and Glulam Enterprise Agreement 2024. The Commission found that the agreement was fairly and accurately recorded, negotiated in good faith, and complied with the relevant provisions of the Fair Work Act. The terms and conditions of the agreement were considered fair and reasonable, and the negotiation process was deemed appropriate. This decision provides clarity and legal certainty for both the employer and the employees' representative, ensuring that the agreement is in effect as a binding document.

Hyne & Son Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established