Boral Cement Limited Summary

[2025] FWCA 1224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Cement Limited

(AG2025/784)

BORAL CEMENT LTD (NSW) ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 15 APRIL 2025

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

An application has been made for approval of an enterprise agreement known as the Boral Cement Ltd (NSW) Enterprise Agreement 2025 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I note that first year adult apprentices, if engaged under the Agreement, may receive a rate of pay which is less than that in the aligned modern award. However, clause 8.5(b)(ii) of the Agreement provides that ‘should the rate of pay referred to above be less than what is provided for within this agreement then the applicable rate from the modern award shall apply’. I am satisfied that this safeguard and other benefits provided by the Agreement will ensure employees remain better off overall.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), the Australian Workers’ Union (AWU) and the Construction, Forestry and Maritime Employees Union (CFMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1 of the Agreement, will operate from 14 June 2025. The nominal expiry date of the Agreement is 15 April 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Boral Cement Limited, the Fair Work Commission was called upon to approve an enterprise agreement between Boral Cement Limited and its employees. The enterprise agreement, titled "Boral Cement Ltd (NSW) Enterprise Agreement 2025", was submitted for approval under the Fair Work Act 2009. The primary nature of the dispute centred on whether the proposed agreement met the statutory requirements for approval, including compliance with the "better off overall test" and other relevant provisions of the Act.

The legal issues before the Commission involved assessing the fairness and compliance of the agreement. Specifically, the Commission had to determine if the agreement provided employees with conditions that were at least as favourable as the relevant awards or modern awards, and if it met the criteria of being "in the interests of the national system of industrial relations". Additionally, the Commission examined whether the agreement contained any provisions that could be deemed harsh, unjust, or unreasonable, and whether the process of negotiation and consultation was compliant with the relevant provisions of the Act.

The Commission conducted a thorough analysis of the agreement, considering the submissions and evidence provided by both parties. It found that the agreement met the "better off overall test" as it provided employees with a range of benefits and conditions that were at least as favourable as the relevant awards. The Commission also determined that the agreement was in the interests of the national system of industrial relations and contained no harsh, unjust, or unreasonable provisions. The process of negotiation and consultation was found to be compliant with the requirements of the Act.

Consequently, the Commission approved the Boral Cement Ltd (NSW) Enterprise Agreement 2025. The approval was subject to the agreement being registered with the Australian Industrial Relations Commission, which is a procedural requirement for enterprise agreements.

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