Boral Construction Materials Group Ltd Summary

[2014] FWCA 866

FAIR WORK COMMISSION

DECISION

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

Boral Construction Materials Group Ltd
(AG2013/12087)

BORAL TASMANIAN FLEET ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the Boral Tasmanian Fleet Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Boral Tasmanian Fleet Enterprise Agreement 2013 (the Agreement). The application was made by Boral Construction Materials Group Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Transport Workers’ Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Boral Construction Materials Group Limited sought approval for the Boral Tasmanian Fleet Enterprise Agreement 2013. The application was made by the employer, and the Australian Manufacturing Workers' Union was the registered union party. The dispute centred on whether the agreement was fairly made and met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was free from any unfair elements and whether it adhered to the procedural requirements for an enterprise agreement.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, made in good faith, and whether the appropriate procedural steps had been followed. The Commission had to consider the definition of an enterprise agreement under the Fair Work Act, the requirements for good faith bargaining, and the processes for making an agreement. It also needed to assess whether the union had adequately represented the employees in the bargaining process and if the agreement covered all necessary terms and conditions of employment.

The Commission found that the agreement was genuinely an enterprise agreement, made in good faith, and all necessary procedural steps had been followed. The employer had engaged in good faith bargaining with the union, which had adequately represented its members. The agreement covered all necessary terms and conditions of employment and was fair and reasonable. The Commission approved the application and registered the agreement under the Fair Work Act.

The Fair Work Commission approved the application for the registration of the Boral Tasmanian Fleet Enterprise Agreement 2013. The agreement was to be registered and in effect from the date of the Commission's decision. The decision ensured that the terms and conditions of employment in the agreement were legally binding on the parties, providing a framework for the employment relationship between the employer and the employees represented by the union.

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