DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Allen Taylor and Company Pty Ltd T/A Boral Timber Koolkhan
(AG2014/11046)

BORAL TIMBER HARDWOOD NSW KOOLKHAN ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 JANUARY 2015

Application for approval of the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allen Taylor and Company Pty Ltd, trading as Boral Timber Koolkhan, sought approval for the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2014. The application was brought before the Fair Work Commission, as the agreement required approval under the Fair Work Act 2009. The dispute centred on whether the agreement was made fairly and in good faith, as required by the Act.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided for a proper process for resolving disputes. The application was contested by various unions, who argued that the agreement did not meet the statutory requirements and was not made in good faith.

The Fair Work Commission found that the agreement did indeed meet all the mandatory requirements of the Fair Work Act. The Commission considered the process through which the agreement was developed and concluded that it was made in good faith, without any undue influence or coercion. The Commission also noted that the agreement included appropriate mechanisms for the resolution of disputes. Accordingly, the application for approval was successful.

The Fair Work Commission approved the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2014, finding it to be in compliance with the statutory requirements and made in good faith. The Commission's decision provided certainty for the parties involved and ensured the agreement could proceed as intended under the Act.

Allen Taylor and Company Pty Ltd T/A Boral Timber Koolkhan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established