DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Taylor & Company Ltd T/A Boral Timber
(AG2016/7316)

BORAL TIMBER NAROOMA ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the Boral Timber Narooma Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Narooma Enterprise Agreement 2016 (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 & Company Ltd T/A Boral Timber. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Allen Taylor & Company Ltd trading as Boral Timber, the Fair Work Commission was presented with an application for the approval of the Boral Timber Narooma Enterprise Agreement 2016. The dispute arose as the respondents, represented by the Building and Construction Trades Officers' Union of Australia, sought approval for the agreement under the Fair Work Act 2009. The application required the Commission to consider whether the agreement met the criteria for registration as a single-employer agreement, ensuring that it complied with the procedural and substantive requirements outlined in the Act.

The primary legal issue before the Commission was whether the agreement satisfied the procedural and substantive requirements set forth in the Fair Work Act 2009. Procedurally, the Commission needed to verify that the agreement was made in good faith and that there was genuine bargaining between the parties. Substantively, the agreement had to provide for terms and conditions of employment that met the 'better off overall test' and did not unfairly discriminate against employees. The Commission also had to consider whether the agreement contained appropriate dispute resolution mechanisms and adhered to the principles of good faith bargaining.

Upon reviewing the evidence and submissions from both parties, the Commission concluded that the Boral Timber Narooma Enterprise Agreement 2016 met the necessary criteria for approval. The evidence demonstrated that the agreement was the product of genuine bargaining efforts and was made in good faith. The Commission found that the terms and conditions of employment provided by the agreement were fair and met the better off overall test. Additionally, the agreement contained appropriate dispute resolution mechanisms, and there was no evidence of unfair discrimination against any employees. Consequently, the Commission approved the agreement, finding it compliant with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Boral Timber Narooma Enterprise Agreement 2016, recognising it as a genuine and fair agreement that met the procedural and substantive requirements of the Fair Work Act 2009. The Commission's decision was based on the evidence presented, demonstrating good faith bargaining and compliance with the Act's provisions. The approval of the agreement ensures that the terms and conditions of employment provided within it are legally binding and enforceable for the relevant employees.

Allen Taylor & Company 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