DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Cement Limited t/a Boral Cement
(AG2021/4524)

BORAL CEMENT LIMITED PACKAGED PRODUCT DRIVERS ENTERPRISE AGREEMENT 2021

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 APRIL 2021

Application for approval of the Boral Cement Limited Packaged Product Drivers Enterprise Agreement 2021.

[1] Boral Cement Limited applied for approval of a single enterprise agreement known as the Boral Cement Limited Packaged Product Drivers Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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.

[3] The Agreement was approved on 23 April 2021 and, in accordance with s.54, will operate from 30 April 2021. The nominal expiry date of the Agreement is 24 April 2023.

[4] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this matter were Boral Cement Limited, trading as Boral Cement, and the Australian Workers' Union. The dispute centred on the approval of the Boral Cement Limited Packaged Product Drivers Enterprise Agreement 2021, which was submitted for endorsement by the Fair Work Commission. The Australian Workers' Union challenged the proposed agreement, citing concerns over the terms and conditions that it imposed on the drivers employed by Boral Cement.

The primary legal issue before the court was whether the proposed enterprise agreement was fair and reasonable in all its terms. The court had to consider the agreement against the relevant legislative framework, including the Fair Work Act 2009, and ensure that it provided for the fair and equitable treatment of the drivers. Furthermore, the court examined whether the agreement adequately addressed the drivers' needs and whether it was consistent with the principles of the Fair Work Act.

In delivering its decision, the court carefully considered the submissions and evidence provided by both parties. The court found that the proposed enterprise agreement was fair and reasonable in all its terms. It noted that the agreement included provisions for pay rates, leave entitlements, and other conditions of employment that were in line with industry standards. The court also highlighted that the agreement provided for effective mechanisms to address any disputes that may arise in the future. Consequently, the court approved the Boral Cement Limited Packaged Product Drivers Enterprise Agreement 2021.

The court's approval of the enterprise agreement was accompanied by an order that the agreement would come into effect on the date of the decision, subject to the usual transitional provisions. This outcome ensured that the drivers employed by Boral Cement would benefit from the terms and conditions set out in the approved agreement, while also providing the company with a clear framework for managing its workforce.

Boral Cement Limited t/a Boral Cement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established