Boral Cement Limited Summary

[2014] FWCA 5660

FAIR WORK COMMISSION

DECISION

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

Boral Cement Limited
(AG2014/6627)

BORAL CEMENT LIMITED BAG DRIVERS ENTERPRISE AGREEMENT, 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 19 AUGUST 2014

Application for approval of the Boral Cement Limited Bag Drivers Enterprise Agreement, 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Boral Cement Limited Bag Drivers 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 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 19 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Boral Cement Limited sought approval of its 2014 Bag Drivers Enterprise Agreement in the Fair Work Commission. The applicant, Boral, was a cement manufacturer and supplier, while the respondents were various trade unions representing the bag drivers employed by Boral. The dispute centred on the terms and conditions outlined in the proposed agreement, particularly those related to wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was in compliance with the Fair Work Act. Specifically, the Commission had to assess if the agreement met the criteria for "being suitable" as stipulated in section 234 of the Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions for the employees, including appropriate minimum wages, reasonable working hours, and other protections for employees. The Commission also needed to ensure that the agreement was made in good faith and without coercion, as required by the Act.

The Commission found that the agreement was suitable for approval. It determined that the proposed terms and conditions were fair and reasonable, providing adequate protections for the employees. The Commission considered the evidence presented by both parties and noted the absence of any coercion or bad faith in the making of the agreement. It concluded that the agreement met all necessary criteria for approval under the Fair Work Act. The Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the registration of the Boral Cement Limited Bag Drivers Enterprise Agreement, 2014. The decision was based on the finding that the agreement was suitable and met the requirements of the Fair Work Act. The agreement was deemed to provide fair and reasonable terms and conditions for the employees and was made in good faith without any coercion.

Boral Cement Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established