DECISION

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

Boral Cement Limited
(AG2014/8214)

BORAL CEMENT LIMITED DEPOT OPERATORS ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 16 DECEMBER 2014

Application for approval of the Boral Cement Limited Depot Operators Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Boral Cement Limited Depot Operators Enterprise Agreement 2014 (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 Construction Forestry Mining and Energy Union (the Union) 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 organisation.

[4] 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 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Boral Cement Limited applied for the approval of the Boral Cement Limited Depot Operators Enterprise Agreement 2014. The application for approval was made by Boral Cement Limited, and the Fair Work Commission considered the matter. The primary dispute involved the terms and conditions of employment set out in the proposed enterprise agreement, specifically whether they complied with the relevant legislative and regulatory framework governing industrial relations in Australia.

The court was required to determine whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements for enterprise agreements set out in the legislation. The court also had to consider whether the agreement was consistent with the principles of good faith bargaining and whether it provided for the fair treatment of employees.

The Fair Work Commission carefully examined the terms of the proposed enterprise agreement, taking into account the evidence and submissions presented by both parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment and complied with the requirements of the Fair Work Act. The court also determined that the agreement was consistent with the principles of good faith bargaining and provided for the fair treatment of employees. As a result, the court approved the Boral Cement Limited Depot Operators Enterprise Agreement 2014.

The final orders of the court included the approval of the enterprise agreement, which will now govern the terms and conditions of employment for the relevant employees. The court's decision ensures that the agreement is compliant with the relevant legislation and regulatory framework, and provides a fair and reasonable outcome for both the employer and 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