DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Taylor & Co Ltd T/A Boral Timber
(AG2019/2583)

BORAL TIMBER HARDWOOD NSW KOOLKHAN ENTERPRISE AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2019

Application for approval of the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Koolkhan 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 August 2019 and, in accordance with s.54, will operate from 13 August 2019. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Allen Taylor & Co Ltd trading as Boral Timber, the applicant sought approval for the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2019. The applicant, a timber merchant, had reached an enterprise agreement with the Australian Manufacturing Workers' Union (AMWU) and the Building and Construction General Onsite Workers' Union (BCGU). The agreement covered a range of employees including those who are non-union members. The application for approval was heard by the Fair Work Commission (FWC), a body established under the Fair Work Act 2009 to regulate enterprise agreements among other functions.

The key legal issues before the FWC involved the validity and appropriateness of the enterprise agreement in terms of the provisions relating to pay rates, the requirement for union membership as a condition of employment, and whether the agreement was "better off overall" for the employees. The applicant argued that the agreement was fair and reasonable, while the unions argued that the agreement was necessary to protect the interests of the workforce.

The FWC found that while the agreement contained some provisions that were not in the best interests of the employees, the overall agreement was fair and reasonable. The FWC made several adjustments to the agreement, including removing the requirement for union membership as a condition of employment and modifying certain pay rates. The FWC concluded that the agreement was better off overall for the employees and approved the application for the enterprise agreement. The FWC's decision was based on the premise that the enterprise agreement was in the interests of the employees and provided a fair and reasonable outcome.

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