Boral Timber Murwillumbah

Case [2015] FWCA 330


[2015] FWCA 330
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boral Timber Murwillumbah
(AG2014/11045)

BORAL TIMBER HARDWOOD NSW MURWILLUMBAH ENTERPRISE AGREEMENT 2014

Timber and paper products industry

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 14 JANUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Murwillumbah Enterprise Agreement 2014 (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 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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Details
AGLC
Boral Timber Murwillumbah [2015] FWCA 330
Case
[2015] FWCA 330
Decision Date

CaseChat Overview and Summary

The applicant, Boral Timber, sought approval of the Boral Timber Hardwood NSW Murwillumbah Enterprise Agreement 2014. The matter was heard by the Fair Work Commission. The applicant argued that the agreement contained appropriate terms and conditions for its employees, and sought the commission's approval under the Fair Work Act 2009. The applicant needed to prove that the agreement was fairly negotiated, contained appropriate terms and conditions, and was in the best interests of the employees.

The commission considered whether the agreement was fairly negotiated and contained appropriate terms and conditions. The applicant provided evidence that the agreement was negotiated in good faith and contained appropriate terms and conditions. The commission found that the agreement was fairly negotiated and contained appropriate terms and conditions. The commission also found that the agreement was in the best interests of the employees.

The commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009. The commission noted that the agreement contained appropriate terms and conditions, and was fairly negotiated. The commission also found that the agreement was in the best interests of the employees.

The commission approved the agreement, subject to certain conditions. The applicant was required to provide the commission with regular reports on the implementation of the agreement, and to make certain payments to the employees. The commission also ordered the applicant to provide certain information to the employees, and to take certain steps to ensure that the agreement was implemented in accordance with its terms.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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