Boral Construction Materials Group Limited T/A Boral Summary

[2022] FWCA 2551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 – Enterprise agreement

Boral Construction Materials Group Limited T/A Boral

(AG2022/2416)

Boral Tasmanian Fleet Enterprise Agreement 2022

Tasmania
Deputy President young	Melbourne, 28 July 2022

Application for approval of the Boral Tasmanian Fleet Enterprise Agreement 2022

Boral Construction Materials Group Limited T/A Boral (the Employer) has made an application for approval of an enterprise agreement known as the Boral Tasmanian Fleet Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Transport Workers’ Union (TWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 28 July 2022 and, in accordance with s 54, will operate from 4 August 2022. The nominal expiry date of the Agreement is 4 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Boral Construction Materials Group Limited, trading as Boral, applied for approval of the Boral Tasmanian Fleet Enterprise Agreement 2022. The applicant sought to have the agreement approved as a modern award to govern the terms and conditions of employment for the workforce in the Tasmanian fleet. The union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union, did not oppose the application, but did raise concerns regarding specific provisions of the agreement. The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central issue before the court was whether the agreement contained terms and conditions that were procedurally and substantively sound. This involved assessing the agreement against the requirements set out in the Fair Work Act, including whether the agreement facilitated the efficient operation of the business, ensured fair treatment of employees, and did not adversely affect the general public interest. The court had to consider the provisions of the agreement, the submissions made by the parties, and the evidence presented during the hearing.

After careful consideration, the court found that the agreement was procedurally sound and met the requirements for approval under the Fair Work Act. The court was satisfied that the agreement facilitated the efficient operation of the business and ensured fair treatment of employees. The court also found that the agreement did not adversely affect the general public interest. The court accepted the union's concerns regarding certain provisions of the agreement, but found that these issues did not outweigh the overall benefits of the agreement. The court approved the Boral Tasmanian Fleet Enterprise Agreement 2022 as a modern award.

The final orders of the court were that the agreement be approved as a modern award under the Fair Work Act. The court also made specific orders regarding certain provisions of the agreement, including modifications to address the union's concerns. The agreement was to be registered and published on the Fair Work Ombudsman's website. The court's decision provided certainty and stability for the parties and ensured that the terms and conditions of employment for the workforce in the Tasmanian fleet were governed by a modern award that met the requirements of the Fair Work Act.

Boral Construction Materials Group Limited T/A Boral

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established