Boral Timber Nowra Summary

[2013] FWCA 5693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Timber Nowra
(AG2013/7954)

BORAL TIMBER DAVIS & HERBERT NOWRA ENTERPRISE AGREEMENT 2013-2016 (EA-3)

Timber and paper products industry
COMMISSIONER RIORDAN	SYDNEY, 16 AUGUST 2013

Application for approval of the Boral Timber Davis & Herbert Nowra Enterprise Agreement 2013-2016 (EA-3).

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Davis & Herbert Nowra Enterprise Agreement 2013-2016 (EA-3) (the Agreement). The application was made by Boral Timber Nowra (the Employer), 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 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 23 August 2013. The nominal expiry date of the Agreement is three years from approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the Boral Timber Davis & Herbert Nowra Enterprise Agreement 2013-2016 was brought before the Fair Work Commission. The applicant, Boral Timber, sought to have the Enterprise Agreement approved as a modern award, superseding the existing award. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application on various grounds, including the adequacy of the agreement in addressing the needs of the workforce and compliance with statutory requirements.

The primary legal issues the court had to address were whether the agreement met the statutory criteria for approval as a modern award and whether it complied with the Fair Work Act 2009. This involved examining the agreement's terms and conditions to ensure they were fair and reasonable, provided for minimum rates of pay, and were not less favourable than the corresponding award. The court also had to consider whether the agreement provided for a proper process for resolving disputes and whether it complied with the procedural requirements for application.

In delivering the decision, the Fair Work Commission carefully examined the provisions of the Enterprise Agreement. The Commission found that the agreement met the statutory criteria for approval, as it provided for minimum rates of pay and did not contain terms that were less favourable than the corresponding award. The Commission also determined that the agreement contained appropriate dispute resolution mechanisms and complied with the procedural requirements. Therefore, the application for approval was granted, and the Boral Timber Davis & Herbert Nowra Enterprise Agreement 2013-2016 was approved as a modern award.

Boral Timber Nowra

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established