HYNE TIMBER TUMBARUMBA ENTERPRISE AGREEMENT 2025

Application for approval of the Hyne Timber Tumbarumba Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Hyne Timber Tumbarumba Enterprise Agreement 2025 (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 Limited trading as Hyne Timber Tumbarumba Sawmill (the Applicant). The Agreement is a single enterprise agreement.

[2] The material filed in support of the application disclosed a discrepancy between the title of the Agreement and the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) which was issued to employees. The discrepancy was a reference to the year 2023 in the NERR as opposed to the present title of the Agreement which refers to the year 2025. The Applicant submitted that this difference was a typographical error and that all other bargaining communications, including the subject line in the email in which the NERR was issued and the body of the covering email itself, referred to the Hyne Timber Tumbarumba Enterprise Agreement 2025. The discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.

[3] The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the new model flexibility term in Schedule 1 of the Fair Work (Model Terms) Determination 2025 is be taken to be a term of the Agreement.

[5] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES and that this will resolve any potential inconsistencies including in relation to the operation of clause 18 of the Agreement, Personal/Carer's Leave - Procedure and Rules.

[6] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[7] The Construction, Forestry and Maritime Employees Union - Manufacturing Division (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

[8]

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2028 (3 years from date of approval).

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