KC & MR Boult Pty Ltd

[2014] FWCA 572

FAIR WORK COMMISSION

DECISION

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

KC & MR Boult Pty Ltd
(AG2013/12058)

KC AND MR BOULT ENTERPRISE AGREEMENT 2013

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 23 JANUARY 2014

Application for approval of the KC and MR Boult Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the KC and MR Boult Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KC & MR Boult Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following term:

“The Company states that in the rare occasions an employee may be asked to work in excess of twelve (12) hours a day they will then be paid at the rate of double time for all hours in excess of 12 hours per day.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2014. The nominal expiry date of the Agreement is 30 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

KC & MR Boult Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of the KC and MR Boult Enterprise Agreement 2013. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the provisions of the Act and if it had been fairly negotiated.

The legal issues at hand primarily revolved around the compliance of the agreement with the statutory requirements under the Fair Work Act. Key points of contention included whether the agreement had been fairly negotiated, if it contained the necessary minimum terms and conditions, and if it adhered to the provisions regarding the coverage of employees and the process of agreement making. The applicant argued that the agreement was fair and met all necessary criteria, while the respondent raised concerns about the fairness of the negotiation process and certain terms within the agreement.

In delivering its decision, the Commission examined the process by which the agreement was negotiated and the terms included within it. The Commission found that the negotiation process was fair, and the agreement contained all required minimum terms. The Commission also assessed the fairness of the terms themselves and concluded that they were not unduly harsh or one-sided. Based on these findings, the Commission approved the KC and MR Boult Enterprise Agreement 2013, finding it to be compliant with the statutory requirements.

The Fair Work Commission approved the KC and MR Boult Enterprise Agreement 2013, thereby resolving the dispute in favour of the applicant. The decision was grounded in the Commission's determination that the agreement was fairly negotiated and contained all necessary minimum terms and conditions. The Commission's approval finalised the legal requirements, allowing the agreement to be implemented as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established