Duncan's Holdings Ltd T/A Boral Timber Summary

[2018] FWCA 4391

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Duncan's Holdings Ltd T/A Boral Timber

(AG2018/1757)

Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2017

Timber and paper products industry
Commissioner Lee	MELBOURNE, 26 JULY 2018

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

An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Herons Creek 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.

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.

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.

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.

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

In the Fair Work Commission, Duncan's Holdings Ltd, trading as Boral Timber, applied for approval of the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2017. The applicant sought to have the agreement, which had been negotiated with the Australian Workers' Union, approved under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legal requirements for approval and whether it appropriately balanced the interests of employees and the employer.

The primary legal issue before the Commission was whether the agreement satisfied the statutory criteria for approval, including whether it provided for the terms and conditions of employment, was made in good faith, and was free from any improper influence or coercion. Additionally, the Commission needed to assess whether the agreement adequately protected employee interests, particularly in terms of wages, conditions, and other employment terms.

The Commission found that the agreement met all the necessary legal criteria for approval. The applicant had demonstrated that the agreement was made in good faith and was free from any improper influence or coercion. The Commission also noted that the agreement provided for a fair and reasonable balance between the rights and obligations of the parties. It ensured that employees were protected in terms of their wages, conditions, and other employment terms, thus meeting the statutory requirements for approval under the Fair Work Act.

Consequently, the Commission approved the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2017, finding it to be a fair and reasonable agreement that met all legal criteria. This decision ensures that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the relevant employees.

Duncan's Holdings Ltd T/A Boral Timber

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established