DECISION

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

Boral Cement Limited T/A Boral Cement
(AG2018/5117)

BORAL CEMENT LTD (NSW) ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 17 OCTOBER 2018

Application for approval of the Boral Cement Ltd (NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Ltd (NSW) Enterprise Agreement 2018 (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 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); Australian Workers’ Union (AWU); Communications, Electrical, Electronic, Energy, Information, Postal, plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 Organisations.

[4] The Fair Work Commission (FWC) received correspondence dated 15 October 2018, which included further material in support of the application together with Undertakings made by and duly signed by Mr Frank Murnane Plant Manager (Maldon), pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] 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 13 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Undertaking

CaseChat Overview and Summary

In the matter of Boral Cement Limited trading as Boral Cement, the Fair Work Commission was presented with an application for the approval of the Boral Cement Ltd (NSW) Enterprise Agreement 2018. The dispute arose from the negotiation and proposed terms and conditions of employment for the employees of Boral Cement in New South Wales. The application was brought by the employer, Boral Cement Limited, seeking formal endorsement of the agreement to ensure compliance with the applicable industrial relations legislation.

The primary legal issues before the Commission involved determining whether the agreement complied with the requirements of the Fair Work Act 2009, including whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the Commission had to consider whether the agreement was procedurally sound, ensuring that the appropriate bargaining processes were followed, and that the agreement was fair and reasonable in its terms.

Upon reviewing the evidence and submissions from both parties, the Commission concluded that the Boral Cement Ltd (NSW) Enterprise Agreement 2018 was made in good faith and contained all the requisite minimum terms and conditions. The Commission found that the bargaining process was fair and transparent, with adequate representation and opportunity for employee input. Furthermore, the terms of the agreement were deemed to be reasonable and not detrimental to the employees. Consequently, the Commission approved the agreement, affirming its compliance with the statutory requirements and its suitability for endorsement.

The final orders of the Commission included the approval of the Boral Cement Ltd (NSW) Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees until superseded by a new agreement or by law.

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