DECISION

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

Boral Cement Limited T/A Boral Cement
(AG2017/5366)

BORAL CEMENT LIMITED DEPOT OPERATORS ENTERPRISE AGREEMENT, 2017

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 NOVEMBER 2017

Application for approval of the Boral Cement Limited Depot Operators Enterprise Agreement, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Limited Depot Operators Enterprise Agreement, 2017 (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 T/A Boral Cement. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boral Cement Limited T/A Boral Cement applied to the Fair Work Commission for approval of the Boral Cement Limited Depot Operators Enterprise Agreement, 2017. The Fair Work Commission (FWC) was required to determine whether the agreement met the requirements of the Fair Work Act 2009 (Cth). Specifically, the FWC needed to assess if the agreement was a "single interest" enterprise agreement, whether it was made in good faith, and if it complied with the relevant provisions of the Act.

The FWC found that the agreement was a "single interest" enterprise agreement as it was made between an employer and employees who shared a single interest, being the operation of cement depots. The FWC also found that the agreement was made in good faith, as the employer had engaged in genuine bargaining with the employees' representative. However, the FWC identified some issues with the agreement, including the lack of provisions for shift allowances and the classification of some employees as casual workers. The FWC determined that these issues did not prevent the agreement from being approved, as the parties could negotiate and resolve these matters in the future.

The FWC approved the agreement, subject to certain conditions. These conditions included the requirement that the parties negotiate in good faith to address the issues identified by the FWC. The FWC also imposed a reporting requirement, whereby the parties had to report to the FWC on the progress of negotiations within six months of the approval of the agreement. The FWC emphasised that the approval of the agreement did not prevent the parties from negotiating further improvements to the agreement.

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