Boral Bricks Pty Ltd Summary

[2014] FWCA 1726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Bricks Pty Ltd
(AG2014/315)

BORAL BRICKS DARRA MAINTENANCE ENTERPRISING AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 13 MARCH 2014

Application for approval of the Boral Bricks Darra Maintenance Enterprising Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Boral Bricks Darra Maintenance Enterprising Agreement 2013 (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] On 10 March 2014 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 March 2014. The nominal expiry date of the Agreement is 1 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Boral Bricks Pty Ltd, the Fair Work Commission (FWC) was tasked with determining whether to approve the Boral Bricks Darra Maintenance Enterprising Agreement 2013. The dispute centred on the terms and conditions of employment for the maintenance workers at Boral's Darra plant. The FWC had to consider whether the agreement was in the interests of the workers and whether it met the statutory criteria for approval.

The primary legal issues involved assessing whether the agreement was a "better off overall test" (BOOT) agreement. This required the FWC to determine if the agreement would provide the workers with a package of wages and conditions that was at least as good as what they would have obtained under the relevant industrial awards, and whether the agreement provided for a simpler, more flexible, and more productive workplace. Additionally, the FWC had to consider whether the agreement provided appropriate protections for workers and whether it complied with the relevant provisions of the Fair Work Act 2009.

After examining the evidence and submissions from both the employer and the union, the FWC concluded that the Boral Bricks Darra Maintenance Enterprising Agreement 2013 was a BOOT agreement. The FWC found that the agreement provided workers with a package of wages and conditions that was at least as good as, and in many cases better than, what they would have received under the applicable awards. The FWC also determined that the agreement would lead to a simpler, more flexible, and more productive workplace, while maintaining appropriate protections for workers. Consequently, the FWC approved the agreement.

The Fair Work Commission orders that the Boral Bricks Darra Maintenance Enterprising Agreement 2013 is approved. This approval is subject to the agreement being registered with the Fair Work Commission within the specified timeframe and the parties adhering to all other relevant provisions of the Fair Work Act 2009.

Boral Bricks Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established