HUME MASTERPANEL PTY LTD COLLECTIVE AGREEMENT 2025 FOR MAINTENANCE EMPLOYEES

Application for approval of the Hume Masterpanel Pty Ltd Collective Agreement 2025 for Maintenance Employees

[1] Hume Masterpanel Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Hume Masterpanel Pty Ltd Collective Agreement 2025 for Maintenance Employees ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] A party's application for the Commission's approval of an enterprise agreement must be accompanied by a signed copy of that agreement.[1] A copy of an enterprise agreement is a signed copy only if it is signed by the employer covered by the agreement and at least 1 representative of the employees covered by the agreement, and it includes each signatory's full name and address, and an explanation of their authority to sign.[2]

[3] It is arguable that the Agreement has not been signed as required under subsection 185(2)(a) of the Fair Work Act when read with Regulation 2.06A of the Fair Work Regulations 2009 (Cth) ("the Regulations"), because the signatories have not stated their addresses in full (i.e. with their state and/or postcode).

[4] In an abundance of caution, and to the extent necessary to do so: I exercise the power in section 586 of the Fair Work Act,[3] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the signatories' failure to provide their state or postcode.

[5] The Notice of Employee Representational Rights appears to have been given in an outdated version of the prescribed form. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

[6] The Agreement does not contain a delegates' rights term that meets the requirements of section 205A of the Fair Work Act. Pursuant to that section, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

[7] Noting clause 1.9 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[8] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 April 2028.

[1] Fair Work Act 2009 s 185(2)(a).

[2] Fair Work Act 2009 s 185(5) and Fair Work Regulations 2009 (Cth) r 2.06A.

[3] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.) [2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd [2019] FWCFB 1717, [40]-[46].

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