DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bitumax Pty Ltd T/A Boral Asphalt
(AG2017/2411)

BORAL SA ASPHALT ENTERPRISE AGREEMENT

Asphalt industry
COMMISSIONER MCKINNON	MELBOURNE, 25 JULY 2017

Application for approval of the Boral SA Asphalt Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Boral SA Asphalt Enterprise Agreement (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] 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 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) 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 1 August 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Bitumax Pty Ltd, trading as Boral Asphalt, and several trade unions. The dispute centred around the approval of the Boral SA Asphalt Enterprise Agreement. The Commission was tasked with determining whether the agreement met the necessary requirements for certification under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the mandatory matters as required by section 232 of the Fair Work Act and whether it was a genuine enterprise agreement, as per section 173 of the Act. The Commission also considered whether the agreement contained appropriate dispute resolution processes and whether it had been made in good faith and without coercion.

The Commission found that the agreement provided for all the mandatory matters as required by the Fair Work Act. The agreement contained provisions for minimum wages, leave entitlements, and other employment conditions. The Commission also found that the agreement was a genuine enterprise agreement and had been made in good faith and without coercion. The Commission was satisfied that the agreement contained appropriate dispute resolution processes, including a clause for the payment of a fee to the Fair Work Commission in the event of a dispute.

As a result, the Fair Work Commission approved the Boral SA Asphalt Enterprise Agreement. The agreement will now be registered with the Fair Work Commission and will apply to all employees covered by the agreement. The decision provides clarity for employers and employees in the asphalt industry in South Australia and sets a precedent for future enterprise agreements in the industry.

Bitumax Pty Ltd T/A Boral Asphalt

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established