Boral Timber T/A Boral Timber Summary

[2013] FWCA 5676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Timber T/A Boral Timber
(AG2013/7897)

BORAL TIMBER DAVIS & HERBERT NAROOMA 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 Narooma 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 Narooma Enterprise Agreement 2013-2016 (EA-3) (the Agreement). The application was made by Boral Timber Narooma (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

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Boral Timber Trading as Boral Timber, sought approval of the Boral Timber Davis & Herbert Narooma Enterprise Agreement 2013-2016. The dispute arose as the applicant sought to formalise its employment terms with its workforce through the proposed enterprise agreement. The Commission, led by Deputy President Mortimer, was tasked with assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act. This included whether the agreement was made in good faith, provided for the proper classification of employees, and adhered to the procedural requirements stipulated by the Act. The Commission also needed to consider whether any provisions in the agreement unfairly disadvantaged employees or contravened minimum entitlements.

The Commission carefully reviewed the evidence and submissions provided by both parties. Deputy President Mortimer found that the applicant had demonstrated that the agreement was made in good faith and that it contained provisions that met the requirements of the Fair Work Act. The agreement provided for appropriate classifications and did not unfairly disadvantage employees. Furthermore, it complied with the necessary procedural requirements, including the provision of relevant documents to employees and the opportunity for consultation. As a result, the Commission approved the enterprise agreement, acknowledging its compliance with the statutory provisions.

The final orders included the approval of the Boral Timber Davis & Herbert Narooma Enterprise Agreement 2013-2016, effective from the date of the decision, subject to the terms and conditions set out in the agreement. The decision was made in accordance with the legal principles and statutory requirements outlined in the Fair Work Act.

Boral Timber T/A Boral Timber

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established