Boral Cement Limited

[2025] FWCA 2013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Cement Limited

(AG2025/1735)

BORAL CEMENT LTD TRANSPORT (NSW) ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 JUNE 2025

Application for approval of the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 June 2025. The nominal expiry date of the Agreement is 30 June 2028.

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Transport Workers’ Union of Australia.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Cement Limited applied for approval of a proposed enterprise agreement. The proposed agreement, known as the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2025, was intended to regulate the employment terms of transport workers within the company’s New South Wales operations. The legal issues before the Commission centred on whether the agreement provided appropriate protections for employee rights and whether it complied with relevant legislative requirements. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, if it met the standards for a single-enterprise agreement, and if it satisfied the “better-off-overall” test. These factors are crucial in ensuring that the agreement is fair and benefits the employees.

The Commission carefully reviewed the process of negotiation and the content of the proposed agreement. It considered evidence regarding the fairness and genuineness of the negotiation process, the adequacy of employee representation, and the terms of the agreement itself. The Commission examined whether the agreement provided employees with protections at least equivalent to those under the relevant industrial instrument, and if the agreement improved employees' overall conditions. The Commission also assessed whether the agreement contained provisions that were inconsistent with the National Employment Standards or other relevant laws. After thorough deliberation, the Commission concluded that the proposed agreement met the necessary criteria and provided adequate protections for the employees.

Following its analysis, the Fair Work Commission approved the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2025. The Commission determined that the agreement had been genuinely negotiated and met the standards for a single-enterprise agreement. It found that the agreement satisfied the "better-off-overall" test and did not contain any provisions that were inconsistent with the National Employment Standards or other relevant laws. The Commission was satisfied that the agreement provided employees with protections at least equivalent to those under the relevant industrial instrument and that it improved employees' overall conditions. As a result, the agreement was approved and will now govern the employment terms of transport workers within Boral Cement Limited's New South Wales operations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established