DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hyne & Son Pty Pty Ltd T/A Hyne Timber
(AG2016/1149)

HYNE TIMBER TUMBARUMBA ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 15 JUNE 2016

Application for approval of the Hyne Timber Tumbarumba Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hyne Timber Tumbarumba Enterprise Agreement 2015 (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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 June 2016 and, in accordance with s.54, will operate from 22 June 2016. The nominal expiry date of the Agreement is 9 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hyne & Son Pty Ltd, trading as Hyne Timber, applied to the Fair Work Commission for approval of the Hyne Timber Tumbarumba Enterprise Agreement 2015. The applicant and the respondents, the Timber and Woodworkers Union of Australia and various employees, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly the “better off overall test” and whether it provided for fair and reasonable terms and conditions.

The court had to determine if the agreement provided for terms and conditions that were at least as good as those provided by the relevant award or safety net awards. This involved examining whether the employees were better off overall by virtue of the agreement, considering factors such as wage increases, changes in working conditions, and any other benefits or detriments. Additionally, the court had to assess whether the agreement contained all mandatory provisions and whether it was negotiated in good faith.

The Fair Work Commission found that the Hyne Timber Tumbarumba Enterprise Agreement 2015 did meet the requirements of the Act. The agreement provided for terms and conditions that were at least as good as those provided by the relevant awards, satisfying the better off overall test. The agreement included appropriate wage increases, reasonable changes to working conditions, and contained all mandatory provisions. The Commission also found that the agreement was negotiated in good faith. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Hyne Timber Tumbarumba Enterprise Agreement 2015, recognising it as a valid and fair enterprise agreement under the Fair Work Act 2009. The approval ensures that the agreement will govern the employment terms and conditions of the relevant employees, providing them with fair and reasonable protections and benefits.

Hyne & Son Pty 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