Boral Construction Materials Group Limited T/A Boral Summary

[2022] FWCA 2971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boral Construction Materials Group Limited T/A Boral

(AG2022/3374)

Boral Tasmanian Concrete & Quarries Enterprise Agreement 2022

Quarrying industry
COMMISSIONER O'NEILL	MELBOURNE, 31 AUGUST 2022

Application for approval of the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2022

Boral Construction Materials Group Limited has applied for approval of an enterprise agreement known as the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2022. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Boral Construction Materials Group Limited, trading as Boral, sought approval for the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2022. The application was lodged with the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legal requirements for approval. The dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the minimum entitlements specified by the Act, whether it had been fairly negotiated, and whether it met the criteria for being a single, indivisible agreement. The Commission also needed to consider whether the agreement contained appropriate provisions for the protection of employee rights and if it adhered to the principles of procedural fairness.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement met all the necessary statutory requirements. The agreement provided for the minimum entitlements outlined in the Act and included provisions that ensured procedural fairness. The Commission was satisfied that the agreement had been fairly negotiated and was a single, indivisible document. Consequently, the application for approval was successful.

The Fair Work Commission approved the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2022, affirming its compliance with the Fair Work Act 2009. This decision allows the agreement to come into effect, providing a framework for the employment conditions of the relevant workers.

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