DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duncan's Holdings Ltd T/A Boral Timber
(AG2018/1749)

BORAL TIMBER HARDWOOD NSW MURWILLUMBAH ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 26 JULY 2018

Application for approval of the Boral Timber Hardwood NSW Murwillumbah Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Murwillumbah 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 Duncan’s Holdings 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Duncan's Holdings Ltd, trading as Boral Timber, sought approval for the Boral Timber Hardwood NSW Murwillumbah Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which was required to determine whether the proposed agreement was in the interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement provided for the protection of employees' rights and conditions, and whether it complied with the formal requirements of the Fair Work Act, including being made in good faith and without coercion. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it would promote harmonious, productive, and cooperative workplace relations.

In its decision, the Fair Work Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, leave, and other employment conditions. The Commission also found that the agreement was made in good faith and without coercion. The Commission approved the agreement, finding that it promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission made an order approving the Boral Timber Hardwood NSW Murwillumbah Enterprise Agreement 2017, subject to certain conditions and requirements. The agreement is now binding on the parties and will govern the employment conditions of the employees covered by the agreement.

Duncan's Holdings 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