Boral Cement Limited

[2022] FWCA 776

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Cement Limited

(AG2022/501)

Boral Cement Ltd Transport (NSW) Enterprise Agreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 MARCH 2022

Application for approval of the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 March 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Boral Cement Limited for approval of the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2021. The application was brought pursuant to section 231 of the Fair Work Act 2009, seeking approval of the enterprise agreement which was negotiated between the company and the Transport Workers Union. The union represented employees in the transport industry who were employed by Boral Cement Limited.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was a "single, integrated and complete" document that fairly reflected the terms and conditions of employment, and if it provided for the proper registration of the agreement. The Commission also had to consider if the agreement was made in good faith and if it provided for the proper protection of employees' interests.

In determining the application, the Commission examined the process through which the agreement was negotiated, the content of the agreement itself, and the evidence provided by both parties. The Commission noted that the agreement had been negotiated in good faith, with both parties making reasonable efforts to reach a fair and reasonable agreement. The Commission also found that the agreement was a single, integrated and complete document that fairly reflected the terms and conditions of employment. Furthermore, the agreement provided for the proper protection of employees' interests and included provisions for the proper registration of the agreement. Based on these findings, the Commission approved the application and approved the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2021.

As a result of the Commission's decision, the Boral Cement Ltd Transport (NSW) Enterprise Agreement 2021 is now approved and legally binding on the parties. The agreement sets out the terms and conditions of employment for employees represented by the Transport Workers Union and employed by Boral Cement Limited in the transport industry in New South Wales.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established