Boral Construction Materials Group Ltd Summary

[2014] FWCA 6984

The attached document replaces the document previously issued with the above code on 3 October 2014.

The document is corrected as follows;

The word “Award” is replaced with “Agreement” in the preamble to the decision.

Associate to Commissioner Lee

Dated 15 October 2014

[2014] FWCA 6984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boral Construction Materials Group Ltd
(AG2014/7029)

BORAL TASMANIAN CONCRETE & QUARRIES ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 3 OCTOBER 2014

Application for approval of the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2014 (the Agreement). The application was made by Boral Construction Materials Group Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The consultation provision at clause 7.3 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[5] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[6] Subject to the model consultation term applying and the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Australian Workers’ Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 10 October 2014. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

The parties involved in this case were Boral Construction Materials Group Ltd and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Act and whether it was made in good faith and without coercion.

In examining the agreement, the Commission considered whether it provided for minimum wages and conditions, and whether it contained provisions for dispute resolution, parental leave, and other mandatory terms. The Commission also assessed if the agreement was genuinely negotiated and if the process leading to its creation was free from any form of coercion. The evidence presented by both parties regarding the negotiation process and the terms of the agreement were thoroughly reviewed. Ultimately, the Commission concluded that the agreement was made in good faith, included all the required mandatory terms, and did not involve any coercion. Consequently, the Commission approved the Boral Tasmanian Concrete & Quarries Enterprise Agreement 2014.

Boral Construction Materials Group Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established