Boral Cement Limited - Kooranga Works - [2013] FWCA 9724

[2013] FWCA 9724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boral Cement Limited - Kooranga Works
(AG2013/10150)

BORAL CEMENT LIMITED KOORAGANG EMPLOYEES ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 11 DECEMBER 2013

Application for approval of the Boral Cement Limited Kooragang Employees Enterprise Agreement 2013

[1] An application has been made for approval of an enterprise agreement known asthe

Boral Cement Limited Kooragang Employees Enterprise Agreement 2013 (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 - Kooragang Works (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the Boral Cement Limited Kooragang Employees Enterprise Agreement 2013. The applicant, Boral Cement Limited, sought to have the agreement approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees working at the Kooranga Works facility.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the procedural fairness and the substantive provisions of the agreement. The Commission had to determine if the agreement was made in accordance with the Act and if it met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was procedurally fair, as it had been negotiated in good faith and the necessary consultation processes had been followed. The Commission also examined the substantive provisions of the agreement and determined that they were fair and reasonable. The agreement provided for a range of terms and conditions that were consistent with industry standards and were not detrimental to the employees. As a result, the Commission approved the Boral Cement Limited Kooragang Employees Enterprise Agreement 2013.

The Fair Work Commission granted the application and approved the agreement, subject to the provisions of the Fair Work Act. The approval was effective from the date of the decision and provided a framework for the terms and conditions of employment for the employees at the Kooranga Works facility.

Boral Cement Limited - Kooranga Works

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established