DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Taylor & Co Ltd T/A Boral Timber
(AG2019/4229)

BORAL TIMBER NAROOMA ENTERPRISE AGREEMENT 2019

Timber and paper products industry
COMMISSIONER JOHNS	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Boral Timber Narooma Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Narooma Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allen Taylor & Co Ltd T/A Boral 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.

[3] The Construction, Forestry, Maritime, 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 is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allen Taylor & Co Ltd, trading as Boral Timber, applied to the Fair Work Commission for approval of the Boral Timber Narooma Enterprise Agreement 2019. The dispute arose in the context of industrial relations, specifically regarding the terms and conditions of employment for the employees under the enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for the proper operation of an enterprise, ensured fair and reasonable terms of employment, and adhered to the statutory provisions for enterprise agreements. The Commission had to examine the agreement's provisions and consider submissions from both parties, assessing if it met the criteria for approval.

In reaching its decision, the Commission considered the nature of the agreement, its provisions for minimum entitlements, and the process through which the agreement was negotiated. The Commission determined that the agreement contained provisions that met the statutory requirements for approval. It provided for the proper operation of the enterprise, ensured fair and reasonable terms of employment, and complied with the procedural requirements under the Fair Work Act.

The Commission approved the Boral Timber Narooma Enterprise Agreement 2019. The decision was made on the basis that the agreement met the legal standards for enterprise agreements and was deemed to be in the interests of the proper operation of the enterprise and the employees.

Allen Taylor & Co Ltd T/A Boral Timber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established