DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Cement Limited
(AG2016/7649)

BORAL CEMENT LIMITED VICTORIAN TRANSPORT ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 3 FEBRUARY 2017

Application for approval of the Boral Cement Limited Victorian Transport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Limited Victorian Transport Enterprise Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Cement Limited recently appeared before the Fair Work Commission to seek approval of the Boral Cement Limited Victorian Transport Enterprise Agreement 2016. The applicant, Boral, sought to finalise the terms of employment for its transport workers in Victoria under the new agreement. The respondent, the Transport Workers Union of Australia, contested certain aspects of the proposed agreement, raising concerns about specific provisions affecting workers' conditions and entitlements.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for "genuine agreement" and "free from coercion, undue influence, and harassment". The Commission also needed to determine if the agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant award or registered agreement.

In delivering its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement had been negotiated in good faith and was genuinely agreed upon by the parties. The Commission considered the processes followed in negotiating the agreement and found them to be fair and transparent. It also noted that the proposed terms and conditions were no less favourable than those provided by the relevant award or registered agreement, thus satisfying the requirements of the Fair Work Act. The Commission concluded that the agreement complied with all statutory requirements and approved it accordingly.

The Commission's final order was to approve the Boral Cement Limited Victorian Transport Enterprise Agreement 2016, effective from the date of the decision. The approved agreement will now serve as the basis for employment terms and conditions for transport workers employed by Boral in Victoria, providing clarity and certainty for both the employer and the employees.

Boral Cement Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established