DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Borg Panels Pty Ltd
(AG2017/5484)

BORG PANELS PTY LTD OBERON SITE ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER MCKINNON	MELBOURNE, 11 APRIL 2018

Application for approval of the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Borg Panels Pty Ltd . The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Borg Panels Pty Ltd applied to the Fair Work Commission for approval of the Borg Panels Pty Ltd Oberon Site Enterprise Agreement 2017. The application was opposed by the Retail and Fast Food Workers Union of Australia. The dispute centred around the terms and conditions of employment as stipulated in the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues were whether the agreement provided for the lawful terms and conditions of employment, whether it was procedurally valid, and whether it complied with the good faith bargaining requirements. The commission considered whether the agreement adequately covered all required terms, if there was genuine bargaining, and if the agreement was fair and reasonable. The commission also examined whether the agreement was made in good faith and whether it complied with the procedural prerequisites for approval.

The commission found that the agreement was procedurally valid, meeting the necessary requirements under the Fair Work Act. It determined that the agreement provided for lawful terms and conditions of employment and that the bargaining process was genuine. The commission concluded that the agreement was fair and reasonable and met the statutory requirements for approval. The application for the approval of the enterprise agreement was subsequently approved.

Borg Panels Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established