Boral Cement Limited

[2025] FWCA 3308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Boral Cement Limited

(AG2025/3214)

BORAL LOGISTICS QUEENSLAND (TANKERS) ENTERPRISE AGREEMENT 2025

Road transport industry
COMMISSIONER DURHAM	BRISBANE, 1 OCTOBER 2025

Application for approval of the Boral Logistics Queensland (Tankers) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Boral Logistics Queensland (Tankers) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boral Cement Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia (TWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Boral Cement Limited sought approval from the Fair Work Commission for the Boral Logistics Queensland (Tankers) Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for employees within Boral’s logistics sector, specifically those involved in tanker operations. The Fair Work Commission was tasked with ensuring that the proposed agreement complied with relevant industrial laws and provided fair terms for employees.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing the agreement against several benchmarks, including whether it provided for a fair safety net of minimum wages and conditions, whether it included appropriate mechanisms for dispute resolution, and whether it had been genuinely negotiated. The Commission also needed to consider whether the agreement complied with the procedural requirements for approval, including the necessity for genuine bargaining and the provision of relevant information to affected employees.

In rendering its decision, the Fair Work Commission examined the evidence presented by both Boral and the relevant union. The Commission determined that the proposed agreement met the necessary criteria for approval. It found that the agreement provided for a fair safety net of minimum wages and conditions, included adequate dispute resolution mechanisms, and had been genuinely negotiated. The Commission also confirmed that all procedural requirements had been satisfied, including the provision of relevant information to employees and the demonstration of genuine bargaining efforts. Based on this analysis, the Commission approved the Boral Logistics Queensland (Tankers) Enterprise Agreement 2025, confirming its compliance with the relevant legislative framework.

No further orders were made by the Commission beyond the approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established