DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Taylor & Co Ltd T/A Boral Timber
(AG2019/4227)

BORAL TIMBER NOWRA ENTERPRISE AGREEMENT 2019

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

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

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Nowra 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

In the recent matter of the Allen Taylor & Co Ltd trading as Boral Timber, the Fair Work Commission was called upon to assess the application for the approval of the Boral Timber Nowra Enterprise Agreement 2019. The dispute arose between the applicant, Boral Timber, and the unions representing the employees, namely the Construction, Forestry, Maritime, Mining and Energy Union and the Shop, Distributive and Allied Employees’ Association. The primary contention centred around whether the agreement met the requisite standards under the Fair Work Act 2009, including compliance with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The legal issues before the Commission encompassed the interpretation and application of various provisions of the Fair Work Act, including sections pertaining to the approval of enterprise agreements, the coverage of employees, and the obligations of employers. Central to the discussion was whether the agreement provided adequate protections and benefits to the employees and whether it was negotiated in good faith. The Commission had to examine the fairness and appropriateness of the terms and conditions stipulated in the agreement.

The Commission meticulously reviewed the submissions and evidence provided by both parties. It found that the agreement was the product of genuine negotiations and contained terms that were fair and reasonable. The Commission acknowledged the efforts made by the parties to reach a consensus and concluded that the agreement met the statutory requirements for approval. Consequently, the Commission approved the Boral Timber Nowra Enterprise Agreement 2019, thereby resolving the dispute in favour of the applicant. This decision was made in the interest of maintaining industrial harmony and ensuring that the rights of both employers and employees were adequately protected under the law.

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