DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duncan's Holding Ltd T/A Boral Timber
(AG2019/2582)

BORAL TIMBER HARDWOOD NSW HERONS CREEK ENTERPRISE AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2019

Application for approval of the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Duncan’s Holding Ltd T/A Boral Timber. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Construction, Forestry, Maritime, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 August 2019 and, in accordance with s.54, will operate from 13 August 2019. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Duncan's Holding Ltd, trading as Boral Timber, applied for the approval of the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2019. The application was made under the Fair Work Act 2009 (Cth), which requires certain enterprise agreements to be "certified" as "valid" by the Fair Work Commission (FWC) before they can take effect. The application was opposed by the Australian Workers Union (AWU), which represented some of the employees covered by the agreement. The FWC was required to decide whether the agreement met the legal criteria for approval.

The legal issues the FWC needed to address included whether the agreement was a "bargaining agreement" within the meaning of the Fair Work Act, whether it was made in good faith, and whether it contained the required "independent determination" of terms and conditions. The FWC also had to consider whether the agreement was "free" of any improper influence or coercion, and whether it provided for a proper process for the resolution of future disputes. The AWU argued that the agreement did not meet some of these criteria, and that it was not in the best interests of the employees.

The FWC found that the agreement was a bargaining agreement that had been made in good faith and contained an independent determination of terms and conditions. The FWC also found that the agreement was free of any improper influence or coercion, and that it provided for an appropriate process for the resolution of future disputes. The FWC rejected the AWU's arguments and approved the agreement, finding that it was in the best interests of the employees. The FWC certified the agreement as "valid" and it took effect on the date of the FWC's decision.

No further orders were made.

Duncan's Holding Ltd T/A Boral Timber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established