DECISION

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

Boral Timber Nammoona
(AG2014/11062)

BORAL TIMBER HARDWOOD NSW NAMMOONA ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 JANUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Nammoona 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Boral Timber Hardwood NSW and the relevant trade union. The union sought approval for the Boral Timber Hardwood NSW Nammoona Enterprise Agreement 2014, which outlined the terms and conditions of employment for the workers at the Nammoona facility. The application for approval was contested by Boral, raising concerns over certain aspects of the agreement, including the classification of employees and the provisions for shift differentials.

The legal issues before the court centred on whether the agreement was in accordance with the relevant industrial legislation, specifically the Fair Work Act 2009. The primary contention was whether the agreement complied with the requirements for "better-off overall" and "no disadvantage" tests, ensuring that employees would not be worse off under the new agreement compared to their previous conditions. Additionally, the court had to determine if the agreement contained appropriate provisions for the classification of employees and if the shift differentials were fairly structured.

In delivering its decision, the Fair Work Commission carefully examined the terms of the agreement against the statutory criteria. The court found that the agreement met the "better-off overall" and "no disadvantage" tests, as the new terms provided employees with improved conditions and benefits in various aspects, such as leave entitlements and overtime rates. The Commission also concluded that the classification of employees and the shift differentials were appropriately structured and did not unfairly disadvantage any group of workers. Consequently, the application for approval was granted, and the Boral Timber Hardwood NSW Nammoona Enterprise Agreement 2014 was approved.

The Fair Work Commission ordered that the Boral Timber Hardwood NSW Nammoona Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. The agreement would now serve as the governing document for the employment terms and conditions of the workers at the Nammoona facility, effective from the date of the decision.

Boral Timber Nammoona

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established