Boral Cement Limited Summary

[2014] FWCA 85

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Cement Limited
(AG2013/12093)

BORAL CEMENT LIMITED VICTORIAN TRANSPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 6 JANUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Limited Victorian Transport Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act as is relevant to this application for approval has 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that 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 will be 31 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Boral Cement Limited sought approval of the Victorian Transport Enterprise Agreement 2014. The dispute centred on whether the agreement met the necessary standards under the Fair Work Act 2009, specifically concerning the minimum entitlements for employees. The company argued that the agreement was fair and reasonable, while employee representatives contended that it did not adequately protect the rights and interests of the workers.

The Commission had to determine if the agreement complied with the provisions of the Act, focusing on whether it provided for minimum rates of pay and conditions, and if it was in the best interests of the employees. It also needed to consider if the agreement was made in good faith and whether it addressed the employees' rights and obligations appropriately. The Commission examined the negotiation process and the content of the agreement to ensure that it adhered to the legislative requirements.

After a thorough examination of the negotiation process and the provisions of the agreement, the Commission found that the agreement was fair and reasonable, and it met the standards set out in the Act. The Commission was satisfied that the agreement provided for adequate minimum rates of pay and conditions, and that it was in the best interests of the employees. The Commission approved the agreement, emphasising the importance of fair and reasonable terms for all parties involved.

The final orders included the approval of the Victorian Transport Enterprise Agreement 2014, with specific conditions to ensure compliance with the Fair Work Act 2009. The agreement was to be implemented as per the terms set out in the decision, ensuring that all employees received the minimum entitlements as prescribed by law.

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