DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Timber Kyogle
(AG2015/2555)

BORAL TIMBER HARDWOOD NSW KYOGLE ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 13 MAY 2015

Application for approval of the Boral Timber Hardwood NSW Kyogle Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Timber Hardwood NSW Kyogle Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction Forestry Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 20 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Boral Timber to approve the Boral Timber Hardwood NSW Kyogle Enterprise Agreement 2014. The dispute arose from negotiations between Boral Timber and the Timberworkers Union, with the latter arguing that the proposed agreement did not meet the criteria for approval under the Fair Work Act 2009. The court was tasked with determining whether the agreement was in the public interest and whether it met the procedural requirements for approval.

The legal issues before the court centred on whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was negotiated in good faith, and whether it adhered to the statutory requirements for approval. The court had to examine the specific provisions of the agreement, including those related to wages, hours of work, leave entitlements, and dispute resolution mechanisms, to ascertain if they met the legislative standards.

After reviewing the evidence and submissions from both parties, the court found that the agreement did indeed meet the statutory criteria for approval. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, had been negotiated in good faith, and complied with the procedural requirements set out in the Fair Work Act. The court held that the agreement was in the public interest, as it provided for a fair balance between the interests of the employees and the employer.

The court approved the Boral Timber Hardwood NSW Kyogle Enterprise Agreement 2014, confirming its validity and binding effect. This decision resolved the dispute between Boral Timber and the Timberworkers Union, allowing the agreement to be implemented as intended.

Boral Timber Kyogle

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established