DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duncan's Holding Ltd T/A Boral Timber
(AG2019/2584)

BORAL TIMBER HARDWOOD NSW KYOGLE ENTERPRISE AGREEMENT 2019

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

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

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Kyogle 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, sought approval for the Boral Timber Hardwood NSW Kyogle Enterprise Agreement 2019. The dispute arose from objections lodged by several unions, which challenged the agreement's compliance with statutory requirements and its fairness to the employees involved. The case was heard in the Fair Work Commission (FWC).

The legal issues before the FWC involved assessing whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. This included determining if the agreement was free from prohibited content, appropriately certified, and if it provided for a fair and efficient way of resolving disputes. The unions argued that the agreement failed on several counts, including the lack of adequate consultation with employees and the absence of specific provisions for certain employee entitlements.

In its decision, the FWC examined the procedural aspects of the agreement's development, including the level of consultation and the timing of the negotiations. The Commission found that while there were some procedural shortcomings, these did not significantly detract from the overall fairness of the agreement. The FWC also noted that the agreement contained provisions that were in line with industry standards and provided for fair and efficient dispute resolution mechanisms. Consequently, the FWC approved the Boral Timber Hardwood NSW Kyogle Enterprise Agreement 2019, dismissing the objections raised by the unions.

The FWC's final orders included the approval of the enterprise agreement, subject to certain conditions that addressed the identified procedural issues. The unions were directed to provide notice of their appeal rights within the specified timeframe.

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