DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Cement Limited T/A Boral Cement
(AG2020/3700)

BORAL CEMENT LIMITED WAURN PONDS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the Boral Cement Limited Waurn Ponds Enterprise Agreement 2020.

[1] Boral Cement Limited (the Employer) has made an application for approval of an enterprise agreement known as the Boral Cement Limited Waurn Ponds Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 3 February 2021 and, in accordance with s 54, will operate from 10 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Cement Limited, trading as Boral Cement, applied to the Fair Work Commission for approval of the Boral Cement Limited Waurn Ponds Enterprise Agreement 2020. The dispute involved the terms and conditions of employment for employees working at the Waurn Ponds cement works in Victoria. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it was made in good faith and not made for the purpose of undermining the operation of the Act or any industrial instrument. Additionally, the Commission considered whether the agreement provided fair and reasonable terms and conditions of employment for the employees covered by the agreement.

In delivering its decision, the Commission carefully examined the terms of the proposed agreement against the legislative criteria. The Commission found that the agreement included all the mandatory terms required by the Act and was made in good faith. It further determined that the agreement provided fair and reasonable terms and conditions of employment for the employees. Consequently, the Commission approved the Boral Cement Limited Waurn Ponds Enterprise Agreement 2020.

The Fair Work Commission approved the Boral Cement Limited Waurn Ponds Enterprise Agreement 2020, affirming that it complied with the legal requirements and provided fair and reasonable terms for the employees. The decision underscores the importance of ensuring that enterprise agreements meet the statutory criteria and are made in good faith to maintain the integrity of the industrial relations system.

Boral Cement Limited T/A Boral Cement

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established