Boral Cement Limited, Boral Resources (Qld) Pty Ltd T/A Boral Logistics Queensland

[2021] FWCA 6873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Cement Limited, Boral Resources (Qld) Pty Ltd T/A Boral Logistics Queensland
(AG2021/8352)

BORAL LOGISTICS QUEENSLAND ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 NOVEMBER 2021

Application for approval of the Boral Logistics Queensland Enterprise Agreement

[1] An application has been made for approval of an enterprise agreement to be known as the Boral Logistics Queensland Enterprise Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Boral Cement Limited, Boral Resources (Qld) Pty Ltd T/A Boral Logistics Queensland (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 23 November 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

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

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

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2021. The nominal expiry date of the Agreement is 26 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Boral Cement Limited, Boral Resources (Qld) Pty Ltd, trading as Boral Logistics Queensland, which applied for approval of an enterprise agreement. The application was made to the Fair Work Commission, which has jurisdiction over matters concerning workplace agreements under the Fair Work Act 2009 (Cth). The dispute centred on whether the enterprise agreement met the statutory requirements for approval, including the need for it to provide for fair and reasonable terms and conditions.

The key legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory provisions, particularly section 230 of the Fair Work Act, which sets out the criteria for the approval of an enterprise agreement. The Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions, and if it was appropriately negotiated and free from any improper conduct.

The Commission examined the negotiation process and contents of the agreement to ensure compliance with the statutory requirements. It considered whether the agreement provided for fair and reasonable terms and conditions, and whether it was negotiated in good faith. The Commission found that the agreement was appropriately negotiated and met the statutory criteria for approval. It concluded that the agreement was fair and reasonable and did not contain any improper provisions. The Commission approved the enterprise agreement.

The Fair Work Commission approved the Boral Logistics Queensland Enterprise Agreement, determining that it met the statutory requirements for approval under the Fair Work Act. The agreement was found to provide for fair and reasonable terms and conditions and was appropriately negotiated in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established