Boral Cement Limited

[2024] FWCA 1840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Cement Limited

(AG2024/1590)

BORAL CEMENT LIMITED PACKAGED PRODUCT DRIVERS ENTERPRISE AGREEMENT 2023

Cement and concrete products
DEPUTY PRESIDENT DEAN	CANBERRA, 21 MAY 2024

Application for approval of the Boral Cement Limited Packaged Product Drivers Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Boral Cement Limited Packaged Product Drivers Enterprise Agreement 2023 (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.

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

The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2024. The nominal expiry date of the Agreement is 24 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Boral Cement Limited, applied for the approval of the Boral Cement Limited Packaged Product Drivers Enterprise Agreement 2023. The application was brought under section 231 of the Fair Work Act 2009, seeking to have the agreement made eligible for registration as a modern award. The dispute centred around whether the agreement complied with the statutory requirements for modern agreements, including the prescribed pay and conditions, and whether it met the standards of procedural fairness and good faith bargaining.

The central legal issues the Commission had to address were whether the agreement was made in accordance with the Act, whether it provided for the prescribed minimum pay and conditions, and if the process through which it was negotiated complied with the requirements for good faith bargaining. Furthermore, the Commission considered whether the agreement was consistent with the public interest and whether it met the standards set out in the Act for modern agreements.

The Fair Work Commission determined that the agreement was compliant with the statutory requirements and met the necessary standards for approval. The Commission found that the agreement provided for all the prescribed minimum pay and conditions and was the product of genuine bargaining. The process leading to the agreement was deemed to be conducted in good faith, with both parties having an opportunity to negotiate and reach a consensus. The Commission also concluded that the agreement was in the public interest and aligned with the objectives of the Act.

The Commission approved the Boral Cement Limited Packaged Product Drivers Enterprise Agreement 2023, making it eligible for registration as a modern award. This approval ensures that the terms and conditions set out in the agreement will apply to the relevant employees, providing them with a clear framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established