DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duncan’s Holdings Ltd T/A Boral Timber
(AG2018/1751)

BORAL TIMBER HARDWOOD NSW KYOGLE ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Kyogle 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 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] 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 6 July 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

In the Fair Work Commission, Duncan’s Holdings Ltd, trading as Boral Timber, applied for the approval of the Boral Timber Hardwood NSW Kyogle Enterprise Agreement 2017. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a registered agreement. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the provisions regarding employee entitlements and the processes for resolving workplace disputes.

The legal issues that the Commission had to resolve included whether the agreement provided for minimum entitlements that were not less favourable than those provided by the applicable modern award, and whether the agreement contained valid dispute resolution procedures. Additionally, the Commission needed to determine if the agreement had been made in good faith and whether it had been appropriately certified as a simple or low-risk agreement.

In considering these issues, the Commission examined the content of the agreement against the statutory requirements and relevant legal precedents. It was noted that the agreement provided for entitlements that met or exceeded the minimum standards set by the applicable modern award. Furthermore, the dispute resolution procedures outlined in the agreement were deemed to be effective and compliant with the Act. The Commission found that the agreement had been made in good faith and was appropriately certified as a simple agreement. Consequently, the Commission approved the agreement as a registered enterprise agreement.

The Fair Work Commission approved the Boral Timber Hardwood NSW Kyogle Enterprise Agreement 2017 as a registered enterprise agreement, confirming its compliance with the Fair Work Act and its provisions for employee entitlements and dispute resolution. This decision ensures that the agreement will govern the employment terms and conditions between Duncan’s Holdings Ltd, trading as Boral Timber, and its covered employees in accordance with the statutory requirements.

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