DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Duncans Holdings Limited T/A Boral Timber Herons Creek Site
(AG2014/11050)

BORAL TIMBER HARDWOOD NSW HERONS CREEK ENTERPRISE AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 JANUARY 2015

Application for approval of the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 21 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Duncans Holdings Limited, trading as Boral Timber, applied for approval of the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2014. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandated minimum terms and conditions set out in the Fair Work Act. The Commission had to assess whether the agreement complied with the procedural fairness requirements, including proper consultation and whether it met the criteria for being a single, indivisible agreement.

The Commission found that the agreement complied with the necessary procedural requirements, including appropriate consultation with the employees. The agreement was considered to be a single, indivisible document and contained all the mandated minimum terms and conditions. Consequently, the Commission approved the agreement, confirming that it met the statutory requirements for approval under the Fair Work Act.

The Commission's final order was the approval of the Boral Timber Hardwood NSW Herons Creek Enterprise Agreement 2014, effective from the date of the decision. The agreement was to apply to all employees covered by it, providing them with the terms and conditions specified within the document.

Duncans Holdings Limited T/A Boral Timber Herons Creek Site

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established