DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allen Taylor & Company Ltd T/A Boral
(AG2018/3392)

BORAL TIMBER HARDWOOD NSW KOOLKHAN ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2017 (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. 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, 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) 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 19 December 2018. 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

Allen Taylor & Company Ltd, trading as Boral, applied for approval of the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2017. The applicant sought a certificate of registration under the Fair Work Act 2009, arguing that the agreement was fair and met the criteria set out in the legislation. The dispute centred on whether the agreement satisfied the statutory requirements for registration.

The court was required to determine if the agreement was fair and if it complied with the procedural fairness requirements under the Fair Work Act. Specifically, the court had to examine whether the agreement was genuinely negotiated, whether it contained appropriate safeguards for low-paid and vulnerable employees, and if it was in compliance with the Act's procedural fairness provisions. The court needed to assess the evidence and submissions from both parties to make its determination.

The court found that the agreement met the statutory requirements for registration. It held that the agreement was genuinely negotiated and contained appropriate safeguards for low-paid and vulnerable employees. The court also determined that the agreement complied with the procedural fairness provisions of the Act. As a result, the court approved the agreement and ordered its registration.

The court ordered that the Boral Timber Hardwood NSW Koolkhan Enterprise Agreement 2017 be registered under the Fair Work Act 2009. This decision provides certainty to the parties and ensures that the agreement will be legally binding and enforceable. The court's decision was based on a thorough examination of the evidence and the applicable legal principles, and it reflects the court's commitment to upholding the principles of fairness and procedural fairness in the workplace.

Allen Taylor & Company Ltd T/A Boral

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established