Bitumax Pty Ltd T/A Boral Asphalt

[2013] FWCA 3320

FAIR WORK COMMISSION

DECISION

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

Bitumax Pty Ltd T/A Boral Asphalt
(AG2013/1234)

BORAL SA ASPHALT ENTERPRISE AGREEMENT 2012

Asphalt industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 29 MAY 2013

Application for approval of the Boral SA Asphalt Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Asphalt Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bitumax Pty Ltd T/A Boral Asphalt. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Workers’ 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2013. The nominal expiry date of the Agreement is 31 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bitumax Pty Ltd trading as Boral Asphalt, sought approval of the Boral SA Asphalt Enterprise Agreement 2012 from the Fair Work Commission. The application was brought before the Commission to determine if the agreement met the necessary requirements under the Fair Work Act 2009. The dispute centred around the fairness and efficacy of the agreement, particularly its compliance with the statutory provisions and its potential impact on the employees' working conditions.

The primary legal issues the Court was required to decide included whether the agreement was made in good faith, if it provided for the proper protection of employees' interests, and whether it adhered to the procedural fairness standards as mandated by the Fair Work Act. Additionally, the Court had to assess if the agreement was free from any invalid provisions that could undermine its overall fairness and effectiveness.

In rendering its decision, the Court examined the negotiation process and the content of the agreement. It considered the bargaining power of the parties, the transparency of the negotiations, and the extent to which the agreement addressed the employees' interests. The Court found that the agreement was negotiated in good faith and was fair and reasonable in all its terms. The provisions were deemed to adequately protect the employees' interests and were in compliance with the statutory requirements. Consequently, the Court approved the application, finding that the agreement met the necessary standards under the Fair Work Act.

The final orders of the Court were to approve the Boral SA Asphalt Enterprise Agreement 2012, recognising it as a registered agreement under the Fair Work Act. This decision ensured that the terms and conditions of employment would be governed by the agreed provisions, providing a stable and fair framework for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established