Boral Bricks Pty Ltd

[2013] FWCA 7544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Bricks Pty Ltd
(AG2013/2552)

BORAL BRICKS PTY LTD SCORESBY ENTERPRISE AGREEMENT 2013 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 SEPTEMBER 2013

Application for approval of the Boral Bricks Pty Ltd Scoresby Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Bricks Pty Ltd Scoresby Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Boral Bricks Pty Ltd. The agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking pursuant to s.190 of the Act which I have accepted and which is attached to this decision at Appendix A. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the CFMEU and AMWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 4 October 2013. The nominal expiry date of the Agreement is 3 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Boral Bricks Pty Ltd, an employer, and various unions representing employees. The matter concerned the application for approval of the Scoresby Enterprise Agreement 2013-2017. The unions argued that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The employer contended that the agreement was fair and appropriate, and should be approved. The dispute was heard by the Fair Work Commission, which had to determine whether the agreement met the legal criteria for approval.

The primary legal issue was whether the Scoresby Enterprise Agreement 2013-2017 complied with the statutory requirements outlined in the Fair Work Act 2009. The Commission considered whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it was free from prohibited content. Additionally, the Commission assessed whether the agreement had been appropriately negotiated and whether it was consistent with the broader principles of the Fair Work Act 2009.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and the submissions made by both parties. The Commission found that the agreement had been made in good faith and that it contained all the necessary minimum terms and conditions. The Commission also determined that the agreement did not contain any prohibited content and was consistent with the overarching principles of the Fair Work Act 2009. Based on these findings, the Commission approved the Scoresby Enterprise Agreement 2013-2017.

The Fair Work Commission approved the Scoresby Enterprise Agreement 2013-2017, finding it to be fair and appropriate under the Fair Work Act 2009. The agreement was deemed to comply with the statutory requirements for approval, including the negotiation process, the inclusion of minimum terms and conditions, and the absence of prohibited content. The Commission's decision was based on a thorough examination of the evidence and submissions provided by both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established