Boral Bricks Pty Ltd

[2014] FWCA 3595

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Bricks Pty Ltd
(AG2014/955)

BORAL BRICKS BRINGELLY PLANT ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 MAY 2014

Application for approval of the Boral Bricks Bringelly Plant Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Bricks Bringelly Plant Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Boral Bricks Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 6 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Boral Bricks Pty Ltd, sought approval of the Boral Bricks Bringelly Plant Enterprise Agreement 2013-2016. The dispute was heard by the Full Bench of the Fair Work Commission. The applicant sought to have the enterprise agreement registered with the Fair Work Commission in accordance with the Fair Work Act 2009. The legal issues before the court involved determining whether the agreement met the requirements for approval under the Act, including whether it was in the best interests of the employees and whether it was appropriately certified.

The court examined the process by which the agreement was negotiated and the evidence of support for the agreement from the employees. It considered the provisions of the agreement, including the terms and conditions of employment, and whether they were fair and reasonable. The court also considered whether the agreement complied with the statutory requirements for approval, including the requirement that it be certified by an independent third party. The court found that the agreement had been appropriately negotiated and certified, and that it was in the best interests of the employees. It also found that the agreement met the statutory requirements for approval.

The court approved the registration of the Boral Bricks Bringelly Plant Enterprise Agreement 2013-2016 with the Fair Work Commission. The agreement was registered, and became a registered enterprise agreement under the Fair Work Act 2009. The court noted that the agreement would remain in effect until it was terminated or replaced by a new agreement. The decision provides guidance on the process for approving enterprise agreements and the factors that the court will consider in determining whether an agreement should be approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established