Boral Cement Limited

[2014] FWCA 109

FAIR WORK COMMISSION

DECISION

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

Boral Cement Limited
(AG2013/12096)

BORAL CEMENT LIMITED VICTORIAN DISTRIBUTION ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 6 JANUARY 2014

Application for approval of the Boral Cement Limited Victorian Distribution Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Limited Victorian Distribution 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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers has given 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 that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the Fair Work Commission was tasked with approving an enterprise agreement between Boral Cement Limited and its employees, as outlined in the Boral Cement Limited Victorian Distribution Enterprise Agreement 2014. The applicants, Boral Cement Limited, sought the Commission's approval to implement this agreement, which includes provisions regarding wages, hours of work, and other employment conditions. The respondents, representing the employees, did not oppose the application but raised concerns about the impact of certain clauses on employee entitlements and conditions.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement contained minimum terms and conditions that complied with the relevant provisions of the Act, and whether it had been fairly negotiated. Additionally, the Commission needed to determine if the agreement adequately protected employees' rights and interests, particularly in light of the respondents' concerns.

After reviewing the agreement and the submissions from both parties, the Commission found that the Boral Cement Limited Victorian Distribution Enterprise Agreement 2014 was compliant with the statutory requirements. The Commission was satisfied that the agreement contained appropriate minimum terms and conditions, and that it had been fairly negotiated. The Commission also noted that the agreement provided for fair and reasonable terms that did not adversely affect the employees' rights and interests. Consequently, the Commission approved the agreement, and it will now be binding on the parties.

In conclusion, the Fair Work Commission approved the Boral Cement Limited Victorian Distribution Enterprise Agreement 2014, finding it met the necessary statutory requirements and provided fair terms and conditions for the employees. The agreement will now be binding on both Boral Cement Limited and its employees, governing their employment relationship as per the provisions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established