DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Cement Limited T/A Boral Cement
(AG2017/4098)

BORAL CEMENT LIMITED BAG DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the Boral Cement Limited Bag Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Boral Cement Limited Bag Drivers 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 10 November 2017 and, in accordance with s.54, will operate from 17 November 2017. The nominal expiry date of the Agreement is 10 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Boral Cement Limited, trading as Boral Cement, applied for the approval of the Boral Cement Limited Bag Drivers Enterprise Agreement 2017. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, the nominated union for the agreement. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning minimum entitlements and the procedural fairness in the agreement-making process.

The legal issues before the Commission included whether the agreement provided for minimum rates of pay and conditions as required by the Act, and whether the process by which the agreement was made was procedurally fair. The union argued that the agreement did not adequately address certain minimum entitlements and that the process leading to the agreement was flawed.

The Commission examined the provisions of the agreement and found that it did indeed provide for the minimum rates of pay and conditions as mandated by the Act. It also found that the process leading to the agreement was procedurally fair, despite some procedural irregularities noted by the union. The Commission concluded that the irregularities did not materially affect the outcome and that the agreement should be approved.

The Commission approved the Boral Cement Limited Bag Drivers Enterprise Agreement 2017, confirming its compliance with the Fair Work Act 2009. The decision ensures that the agreement will govern the employment terms and conditions for the relevant employees, subject to the approval by the Commission.

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