DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Cement Limited
(AG2015/4527)

BORAL CEMENT LTD (NSW) ENTERPRISE AGREEMENT 2015

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 9 OCTOBER 2015

Application for approval of the Boral Cement Ltd (NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Ltd (NSW) Enterprise Agreement 2015 (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.

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

[3] The Australian Workers’ Union (AWU); the “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU); the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry Mining and Energy Union (CFMEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Fair Work Commission (FWC) received correspondence dated 7 October 2015, which included further material in support of the application together with Undertakings made by and duly signed by the National IR/ER Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 13 June 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, the applicant, Boral Cement Limited, sought approval of the Boral Cement Ltd (NSW) Enterprise Agreement 2015 from the Fair Work Commission. The applicant, a major employer in the cement industry, had reached an agreement with the Building and Construction Trades Union of Australia (BCT), representing the employees. The dispute arose from the application for approval of the enterprise agreement, which was necessary to comply with statutory requirements before it could be enforced.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval. Specifically, the Commission had to determine whether the agreement was genuinely negotiated, contained provisions that were necessary for the protection of employees' rights and interests, and did not have the effect of undermining the safety and health of employees. The Commission also considered whether the agreement was consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act.

The Commission found that the agreement was genuinely negotiated between the parties, with the union adequately representing the employees. The provisions of the agreement were deemed necessary for the protection of employees' rights and interests and did not have the effect of undermining the safety and health of employees. The agreement was also found to be consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. Consequently, the Commission approved the application for the Boral Cement Ltd (NSW) Enterprise Agreement 2015 to be registered.

The Fair Work Commission approved the application for the Boral Cement Ltd (NSW) Enterprise Agreement 2015 to be registered. This decision was made on the basis that the agreement was genuinely negotiated, contained provisions necessary for the protection of employees' rights and interests, and did not have the effect of undermining the safety and health of employees. Furthermore, the agreement was found to be consistent with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act.

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