Boral Timber

[2013] FWCA 10088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Timber
(AG2013/11598)

BORAL TIMBER SEQ DISTRIBUTION ENTERPRISE AGREEMENT 2013 - 2017

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 DECEMBER 2013

Application for approval of the Boral Timber SEQ Distribution Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber SEQ Distribution Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was to approve the Boral Timber SEQ Distribution Enterprise Agreement 2013-2017. The dispute arose between Boral Resources Limited, represented by Mr S. A. Ryan, and the Construction, Forestry, Mining and Energy Union, represented by Mr P. A. C. Walsh. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement had been made in good faith and whether it provided for fair and reasonable terms and conditions.

The Commission considered whether the agreement was genuinely negotiated and not the result of coercion or undue influence. The Commission noted the process followed by the parties during negotiations and the efforts made to reach a consensus. The Commission also examined the provisions of the agreement to determine if they were fair and reasonable in all respects, taking into account the interests of both employers and employees. Key aspects such as pay rates, working conditions, and dispute resolution mechanisms were closely scrutinised.

After evaluating the evidence and submissions, the Commission found that the agreement had been made in good faith and contained terms and conditions that were fair and reasonable. The Commission approved the agreement, noting the balance achieved between the parties' interests and the protections afforded to employees. The approval of the agreement was seen as a fair outcome that recognised the rights and obligations of both employers and employees in the distribution sector of the forestry industry. The Commission’s decision provided clarity and certainty for the parties, facilitating a stable industrial relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established